White River Hub, LLC

Original Volume No. 1

 Contents / Previous / Next / Main Tariff Index

 

 

Effective Date: 11/01/2008, Docket: RP08-645-000, Status: Effective

Original Sheet No. 113 Original Sheet No. 113

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

(d) White River shall not be obligated to adjust the Reservation

Charge under any contract pursuant to this Section 11.12, when White River's

failure to confirm Nominations on any Day equal to at least 100% of the RDC:

 

i. is the result of the conduct of Shipper or the

operation of upstream or downstream facilities not controlled by White River;

or

 

ii. occurs either (a) within ten (10) Days following a

force majeure event as contemplated by § 20 of these General Terms and

Conditions, or (b) prior to the date White River has or should have, in the

exercise of due diligence, overcome the force majeure event, whichever occurs

first.

 

(e) Any adjustment shall be credited against transportation

charges for a future Month or refunded if the Transportation Service Agreement

has terminated. In no event shall such credit be provided to Shippers later

than 90 Days after the Month in which the credit was earned. Nothing in this

Section should be interpreted to insulate White River from liability for

direct damages resulting from its own negligence or malfeasance.