Monroe Gas Storage Company, LLC
Original Volume No. 1
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Effective Date: 04/29/2009, Docket: RP09-447-000, Status: Effective
Original Sheet No. 128 Original Sheet No. 128
GENERAL TERMS AND CONDITIONS
(Continued)
3. POINT(S) OF RECEIPT AND POINT(S) OF DELIVERY (Continued)
3.4 Transportation Imbalances. In the event that Operator or Customer
delivers or causes to be delivered to Transporter at the Point(s) of
Receipt or Point(s) of Delivery a quantity of gas not equal to the
quantity of gas received or taken by Customer or Operator, a
"Transportation Imbalance" may occur. Provided that Operator has taken
or delivered the quantity of gas nominated by Customer and scheduled by
Transporter, Customer shall be liable for all imbalances under its
transportation agreement with Transporter. Upon notification by Customer
or Transporter that a Transportation Imbalance exists because Operator
failed to deliver or receive the quantity of gas nominated by Customer
and scheduled by Transporter, Operator will endeavor to correct the
Transportation Imbalance subject to any restrictions imposed by
Transporter, but Operator shall be solely responsible and liable for any
charges, penalties, costs and expenses incurred or payable by either
Party as a result of the Transportation Imbalance except to the extent
that the Transportation Imbalance was caused by an event of Force
Majeure. Customer agrees to use its best efforts to prevent or diminish
any occurrences of imbalances.
3.5 Measurement. Customer and Operator agree that the quantity of gas
delivered hereunder shall be measured by Operator in accordance with
Transporter's pipeline tariff, and, as such, may be allowed to fluctuate
within the applicable measurement or flow tolerances on a daily and
monthly basis.
3.6 Costs and Penalties. Customer shall hold Operator harmless for all costs
and penalties which may be assessed by Transporter under Customer's
transportation agreement with Transporter, unless the costs and
penalties are due to the negligence of Operator. Customer and Operator
shall cooperate with each other and with Transporter to verify delivery
and receipt of the volumes of gas delivered hereunder on a timely basis.
3.7 Downstream and Upstream Transportation. Customer shall be responsible
for transportation from the Point(s) of Delivery located on Operator's
Facility and payment of all transportation charges relating thereto.
Customer shall be responsible for transportation to the Point(s) of
Receipt located on Operator's Facility and payment of all transportation
charges relating thereto.