National Fuel Gas Supply Corporation
Third Revised Volume No. 1
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Effective Date: 04/01/1997, Docket: RP97-201-000, Status: Effective
Third Revised Sheet No. 206 Third Revised Sheet No. 206 : Superseded
Superseding: First Revised Sheet No. 206
GENERAL TERMS AND CONDITIONS
15. UNAUTHORIZED TENDERS AND RECEIPTS (Continued)
15.4 Indemnification and Waiver
Shipper shall indemnify Transporter against, hold it harmless
from, and undertake and defense of Transporter with respect to
any and all claims, losses, damages, expenses and injuries
arising from an unauthorized tender or receipt by Shipper.
Shipper waives any and all claims and demands against Transporter
arising from an unauthorized tender or receipt by another
Shipper, other than claims based on a Shipper's loss of gas
supply due to Transporter's negligence or willful misconduct.
16. CURTAILMENT
Following the scheduling of services, Transporter shall have the right
to curtail services on a system-wide basis or segment-by-segment basis
(i) as a result of conditions of force majeure, as described at
Section 8.1 of these General Terms and Conditions, (ii) when
necessary, in Transporter's reasonable judgment, to avert a material
threat to the integrity of its system or to remedy an unexpected loss
of capacity, or (iii) when continuation of service would impair
Transporter's ability to render a service of a higher priority, as set
forth in this Section 16. The allocation procedures and priorities
set forth in this Section 16 shall apply to both system-wide and
segment-by-segment limitations or curtailments, insofar as is
possible.
Transporter will allocate capacity in the manner set forth in this
Section 16 only to the extent it is reasonably practical to do so.
It is recognized that the allocation of Transporter's capacity may be
affected by the capabilities of Transporter's measurement, control and
communication equipment, as it exists from time to time, the opera-
tional requirements of Transporter or by factors beyond the control of
Transporter, including but not limited to variations in the require-
ments or markets served by Transporter.
In the event of a curtailment of service under this provision, Trans-
porter shall provide such notice as is reasonable under the circum-
stances.