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. 337 Original Sheet No. 337

 

GENERAL TERMS AND CONDITIONS

 

28. CONFLICTS

 

If a conflict arises between these General Terms and Conditions and a Rate

Schedule under this Tariff, the Rate Schedule shall govern. If a conflict

arises between these General Terms and Conditions or a Rate Schedule and the

provisions of a signed TSA, the TSA shall govern.

 

29. OFF-SYSTEM CAPACITY

 

From time to time, Transporter may enter into transportation, compression,

and/or storage agreements with other interstate and intrastate pipeline and

storage providers ("off-system capacity"). If Transporter acquires off-

system capacity, Transporter will use that capacity for operational reasons

or to render service for its Shippers. If Transporter uses off-system

capacity to render service for its Shippers, it will only render service to

Shippers on the acquired capacity pursuant to this Tariff and subject to

Transporter's approved rates, as the Tariff and rates may change from time

to time. For purposes of transactions entered into subject to this Section,

the "Shipper must have title" requirement is waived.

 

30. UNAUTHORIZED GAS

 

(a) Shipper or the Receipt Point Operator may claim Unauthorized Gas

received by Transporter at a Receipt Point, provided that the claim shall

have been made within six months from the date the Unauthorized Gas entered

Transporter's system. To claim Unauthorized Gas, the claimant must submit a

timely written notice to Transporter with verification of ownership.

 

(b) When Unauthorized Gas is claimed by a Shipper or Receipt Point

Operator, Transporter will purchase the Unauthorized Gas from the claiming

owner at 50% of the Index Price for the delivery month, and the claimant

shall defend, indemnify, and hold Transporter harmless from any claims and

causes of action by any third party claiming ownership of that Unauthorized

Gas.

 

31. REALLOCATION

 

For those volumes allocated pursuant to Section 11.6, no reallocations of

gas volumes received, transported, or delivered by Transporter shall be made

unless the Receipt Point Operator or Delivery Point Operator, with the

written agreement of the affected Shippers under the TSAs, provides notice

to Transporter. Transporter must receive written notice of a proposed

reallocation within six months of the initial delivery month end allocation,

or no reallocations will be made. The affected parties shall negotiate in

good faith toward such an agreement. This Section shall not apply in the

case of prior period adjustments, deliberate omission, misrepresentation, or

mutual mistake of fact. The Parties' other statutory or contractual rights

shall not otherwise be diminished by this Section.