Cimarron River Pipeline, LLC

Original Volume No. 1

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Effective Date: 09/01/2008, Docket: CP08-17-001, Status: Effective

Original Sheet No. 269 Original Sheet No. 269

 

GENERAL TERMS AND CONDITIONS

 

15.10 Liability of Transporter: Transporter shall not be liable for

any costs incurred by any Shipper in complying with an OFO. Transporter

shall not be responsible for any damages that result from any interruption

in Shipper's service that is a result of a Shipper's failure to comply

promptly and fully with an OFO, and the non-complying Shipper shall defend

and indemnify Transporter against any claims of responsibility. However,

Transporter shall use reasonable efforts to minimize these costs or damages.

 

15.11 Unilateral Action: If (1) a Shipper does not respond to an OFO,

(2) the actions taken are insufficient to correct the system problem for

which the OFO was issued, or (3) there is insufficient time to carry out the

procedures with respect to Action Alerts or Balancing Alerts, Transporter

may periodically take unilateral action, including the curtailment of firm

service, to maintain the operational integrity of Transporter's system (or

any portion thereof). For purposes of this Section, the operational

integrity of Transporter's system shall encompass the integrity of the

physical system and preservation of physical assets and their performance,

the overall operating performance of the entire physical system as an entity

(or any portion of it), and the maintenance (on a reliable and operationally

sound basis) of total system deliverability and the quality of gas

delivered.