Stingray Pipeline Company, L. L. C.

Third Revised Volume No. 1

 Contents / Previous / Next / Main Tariff Index

 

 

Effective Date: 08/31/2006, Docket: RP06-452-001, Status: Effective

Third Revised Sheet No. 131 Third Revised Sheet No. 131 : Effective

Superseding: Second Revised Sheet No. 131

 

 

GENERAL TERMS AND CONDITIONS

 

 

Stingray's ability to provide deliveries and

services under all Rate Schedules. A failure

by one or more Shippers to comply with an OFO

may affect Stingray's ability to provide such

deliveries and services. In such event and in

addition to other provisions hereof and not in

lieu of any other remedies available in law or

at equity, Stingray will, except to the extent

Stingray's inability to provide such deliveries

and services arose from Stingray's gross

negligence, or undue discrimination or

intentional or willful misconduct, have no

liability or responsibility for its inability

to provide deliveries and services, and

Shipper(s) shall indemnify and hold Stingray

harmless from any claims brought by a third

party against Stingray arising from such

failure, provided that neither party shall be

liable to the other party, or its corporate

parent, subsidiaries or affiliates or members,

for any special, punitive, exemplary, indirect

or consequential damages (including, without

limitation, loss of profits or business

interruptions) ("Indirect Damages") incurred by

said party arising from such failure, except to

the extent such Indirect Damages arose from the

other party's gross negligence, willful

misconduct or bad faith.

 

10.6 Waiver:

 

In recognition of the fact that this Section 10 is

intended to promote conscientious operations by the

Shipper such that service to other Shippers is not

impaired in any way, Stingray may waive any Violation

Charges incurred by Shipper if Stingray determines, in

its reasonable judgment, that Shipper was conducting

its operations in a responsible manner at the time the

Violation Charges were incurred and that Shipper's

conduct did not impair service to another Shipper.

Stingray must grant waivers under this section on a non-

discriminatory basis, but the waiver of any Violation

Charges shall not constitute an automatic waiver of any

future Violation Charges. Stingray shall maintain a

record of all waivers granted under this section and

shall make such record available upon written request

to the Commission and to any Shipper.