Maritimes & Northeast Pipeline, L.L.C.
First Revised Volume No. 1
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Effective Date: 11/15/2008, Docket: RP08-374-000, Status: Effective
Second Revised Sheet No. 272 Second Revised Sheet No. 272
Superseding: First Revised Sheet No. 272
GENERAL TERMS AND CONDITIONS
(continued)
12. QUALITY OF GAS (continued)
12.5 Waiver.
(a) Notwithstanding the requirements set forth in this
Section 12, to the extent that the interruption of
supply available to Pipeline's system results in
volumes available for flow on the system that, in
Pipeline's reasonable determination, are equal to or
less than the aggregate quantity of local distribution
company and end-use markets connected directly to the
system, Pipeline may allow Customer to tender for
service or cause to be tendered, pursuant to an
executed Service Agreement under Pipeline's rate
schedules, gas which does not when injected into
Pipeline's pipeline meet the quality specifications
set forth in this Section 12; provided that Pipeline's
acceptance of such gas shall not adversely impact
Pipeline's system facilities or operations. Pipeline
shall post on LINK® any such waiver of Pipeline's gas
quality requirements. Customer acknowledges that
following the posting of a waiver as contemplated in
this Section 12.5(a), Customer may receive gas that
does not conform to the specifications set forth in
this Section 12 if deliveries are scheduled under
Customer's Service Agreement while the posting is in
effect. Pipeline shall implement this Section 12.5(a)
on a non-discriminatory basis. In the event that
Pipeline's acceptance of such gas results in the
diminution in quality, quantity or economic value of
gas transported for others, Customer who injects or
causes to be injected such gas into Pipeline's system
shall be liable for any damage caused thereby and such
Customer shall indemnify and hold Pipeline harmless
from any damage caused thereby; provided, however,
that Customer shall not be obligated to indemnify
Pipeline for any damage resulting from Pipeline's
gross negligence, undue discrimination or willful
misconduct in its handling of the gas pursuant to this
Section 12.5(a).