Carnegie Interstate Pipeline Company

Original Volume No. 1

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Effective Date: 01/01/1995, Docket: CP93-552-003, Status: Effective

Original Sheet No. 110 Original Sheet No. 110 : Effective

Superseding: Original Sheet No. 110

GENERAL TERMS AND CONDITIONS

(Continued)

 

16.6 (Continued)

 

except when an emergency threatens system

integrity in which case Customer will have such

lesser time as is appropriate under the

circumstances, to comply with the OFO. Should such

non-compliance persist, or in emergencies, CIPCO

shall be authorized, pursuant to this Section 16, to

act as such Customer's agent in making all upstream

and downstream arrangements which are reasonably

necessary to bring such Customer into compliance with

the OFO. If such Customer and/or Customer's

supplier, operator, or transporter fail to comply

with the terms of an OFO, in addition to the

applicable rates charged to Customer for the

service(s) provided by CIPCO, Customer shall be

liable for the following:

 

(a) any damages including, but not limited

to, direct consequential, exemplary, or punitive

damages incurred by CIPCO or any other person as

a result of such failure, and

 

(b) a penalty equal to twenty-five dollars

($25.00) per Dth times the quantity of gas by

which such Customer deviated from the

requirements of the OFO.

 

(c) No imbalance, scheduling, or other

penalty will be assessed against a Customer

whose imbalance is attributable to such

Customer's actions or the actions of CIPCO taken

in compliance with an OFO pursuant to this

Section 16. CIPCO shall not otherwise be liable

for any charge, loss, or expense to such

Customer as a result of the issuance of an OFO,

except for charges, losses, or expenses caused

solely by CIPCO's own negligence, undue

discrimination, or willful misconduct.