White River Hub, LLC
Original Volume No. 1
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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.