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.