W T G Hugoton, LP

Original Volume No. 1

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Effective Date: 08/01/2007, Docket: CP06- 90-002, Status: Effective

Original Sheet No. 215 Original Sheet No. 215 : Effective

 

GENERAL TERMS AND CONDITIONS

 

8. LIABILITY OF PARTIES

 

WTG Hugoton and the Shipper shall each assume full responsibility and

liability for the maintenance and operation of their respective properties.

WTG Hugoton shall not be liable to the Shipper for its failure to receive and

or deliver gas, and the Shipper shall not be liable to WTG Hugoton for its

failure to deliver or receive gas other than to make payments, when such

failure on the part of either shall be due to force majeure as defined in

Section 10 "FORCE MAJEURE" in these GENERAL TERMS AND CONDITIONS, provided

such party shall promptly and diligently take such action as may be necessary

and practicable under the then existing circumstances to remove the cause of

failure and resume the delivery or receipt of gas, as the case may be,

provided, however, that neither WTG Hugoton nor the Shipper shall be relieved

of liability to the other for any damages or expense caused or contributed to

by its own negligence when such negligence on its part shall be the proximate

cause of its failure to deliver or receive gas, as the case may be. If

failure to deliver or receive gas is caused by negligence on the part of WTG

Hugoton, then WTG Hugoton shall offer to credit reservation charges to the

Shipper during such failure.

 

9. BILLING AND PAYMENT

 

9.1 For purposes of this Section 9, all references to "day" shall be deemed

to mean "billing day" and all references to "month" shall be deemed to mean

"billing month."