Enbridge Pipelines (AlaTenn) Inc.

Third Revised Volume No. 1

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Effective Date: 10/01/2001, Docket: GT01- 31-000, Status: Effective

Original Sheet No. 155 Original Sheet No. 155 : Effective

 

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.