Kinder Morgan Interstate Gas Transmission LLC
Second Revised Volume No. 1-D
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Effective Date: 12/28/1999, Docket: GT00- 19-000, Status: Effective
Original Sheet No. 20 Original Sheet No. 20 : Effective
GENERAL TERMS AND CONDITIONS FOR SERVICES - continued
11.3 Transporter shall, to the extent reasonable,
deliver volumes for Shipper's account concurrently
with the receipt of Receipt Volumes. It is
recognized that the Parties may be unable to
control exactly the quantities of gas received and
delivered on any Day and that the quantities
received by Transporter may vary from the
quantities delivered on any Day. Such variations
shall be subject to the daily balancing provision
in the applicable Buffalo Wallow Rate Schedule.
Monthly cumulative net variations may result in
the application of charges as provided in the
Buffalo Wallow Rate Schedules. Shipper and
Transporter shall manage the receipts and
deliveries so that the difference between receipt
volumes and delivery volumes shall be kept as near
zero as practicable, taking into account any Fuel
Reimbursement Quantity and other deductions.
Further, Transporter shall be under no obligation
to accept from Shipper gas in excess of the
Approved Daily Nomination for the Receipt Point
for that Day.
Transporter shall not be responsible for eliminating
any imbalances in volumes between Shipper and any third
party, including imbalances between local distribution
companies and specific end users. Furthermore,
Transporter shall not be obligated to deviate from its
standard operating and accounting procedures in order
to reduce or eliminate any such third party imbalances.
No imbalance penalty shall be imposed when a prior
period adjustment applied to the current period causes
or increases a current month penalty.
13. POSSESSION OF GAS
13.1 Shipper agrees to indemnify and hold Transporter
harmless against any loss or cost incurred by
Transporter on account of any liens, encumbrances
and claims whatsoever. Transporter agrees to
indemnify and hold Shipper harmless against any
loss or cost incurred by Shipper on account of
liens, encumbrances or claims resulting from any
possession or transportation by Transporter.