Pinnacle Pipeline Company

ORIGINAL VOLUME NO. 1

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Effective Date: 10/08/2003, Docket: RP04-102-001, Status: Effective

Original Sheet No. 124 Original Sheet No. 124 : Effective

 

 

shall pay the portion of the disputed invoice, if

any, determined to be owing to Transporter within

fifteen (15) Days from the date the dispute is

resolved together with interest on such amount at

one percent (1.0%) over the prime rate announced

by the Index Bank as it may vary from time to

time, commencing fifteen (15) Days after the date

the invoice is delivered to Shipper, and

continuing until paid.

 

9.2 Failure of Index Bank

 

If the Index Bank (or any substitute Index Bank)

no longer announces a prime rate or ceases to

exist, Shipper shall designate a substitute Index

Bank by notifying Transporter of the selection

and the designation shall be effective as of the

date the original Index bank ceased announcing a

prime rate or ceased existence, as the case may

be. A substitute Index Bank must be a national

banking association that has capital and

undivided profits of at latest $100,000,000.00

and is located in a metropolitan area of the

United States of America that has a population

greater than 500,000.

 

10. CONTROL, OWNERSHIP, AND WARRANTIES

 

10.1 Control and Possession

 

Shipper shall be in control and in possession of

the gas prior to such gas being tendered to

Transporter at the Receipt Point and responsible

for any damages, losses or injuries caused

thereby until the same shall have been tendered

to Transporter at the Receipt Point, except for

injuries and damages which shall be occasioned

solely and proximately by the negligent act or

omission of Transporter or its designee. After

the gas has been tendered by Shipper to

Transporter, Transporter shall be deemed in

exclusive control and possession of such gas

until delivery thereof at the Delivery Points,

and Transporter shall be responsible for any

injuries or damages caused thereby, except

injuries and damages which shall be occasioned

solely and proximately by the negligent act or

omission of Shipper or its designee. After the