Midcoast Interstate Transmission, Inc.
Second Revised Volume No. 1
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Effective Date: 10/01/1997, Docket: GT97- 71-000, Status: Effective
Third Revised Sheet No. 111 Third Revised Sheet No. 111 : Effective
Superseding: SUB SECOND REVISED SHEET NO. 111
GENERAL TERMS AND CONDITIONS (continued)
Prior period adjustment time limits, excluding governmental
required rate changes, should be six (6) months from the date of
the inital transportation invoice and 7 months from the date of
initial sales invoice to which the error pertains, unless (i)
the parties mutually agree otherwise, or (ii) the claimed error
is the result of a deliberate omission or misrepresentation by
either party or a mutual mistake of fact. In all instances in
which a claim for adjustment is made, the Shipper or
Transporter, as applicable shall have a 3 month rebuttal period.
Parties' other statutory or contractual rights shall not
otherwise be diminished by this standard.
7. POSSESSION OF GAS
Unless otherwise provided in the transportation contract or
applicable Rate Schedule, as between Transporter and Shipper,
Shipper shall be deemed to be in exclusive control and
possession of the gas to be transported (i) prior to receipt by
Transporter at the Receipt Point(s), and (ii) after delivery by
Transporter at the Delivery Point(s); otherwise, Transporter
shall be in exclusive control and possession of the gas. The
Party which shall be in exclusive control and possession of the
gas shall be responsible for all injury or damage caused thereby
to any third party. In the absence of negligence or willful
misconduct on the part of Transporter, Shipper waives any and
all claims and demands against Transporter, its officers,
employees or agents, arising out of or in any way connected with
(i) the quality, use or condition of the gas after delivery from
Transporter for the account of such Shipper, (ii) any losses or
shrinkage of gas during or resulting from transportation
hereunder, and (iii) all other claims and demands arising out of
Transporter's performance of its duties hereunder. In any
event, Transporter's shall not be liable for any damages
hereunder other than compensatory damages.
8. PRESSURES
Unless otherwise provided in the applicable Rate Schedule, or
executed Service Contract, this Section 8 shall apply to all
transportation service.