U-T Offshore System, L.L.C.
Third Revised Volume No. 1
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Effective Date: 06/01/1997, Docket: RP97-146-001, Status: Effective
Second Revised Sheet No. 22 Second Revised Sheet No. 22 : Superseded
Superseding: First Revised Sheet No. 22
RATE SCHEDULE IT
INTERRUPTIBLE TRANSPORTATION SERVICE
(Continued)
4.4 Unauthorized Overrun. U-TOS shall notify Shipper verbally of any unauthorized
overrun service that is occurring for Shipper, and shall immediately confirm
such notification by telex or similar means. Shipper shall pay U-TOS a penalty
of $2.00 per Dth or the current Spot Market Price for the Offshore Texas region
as reported in Natural Gas Week, whichever is higher, for any unauthorized daily
overrun not terminated within 24 hours of U-TOS' verbal notification. Such
penalty payments shall be paid to U-TOS in addition to the charges otherwise
payable by Shipper under this or the appropriate Rate Schedule. U-TOS may
waive, in whole or in part, any overrun penalty provided for herein if, in
U-TOS' sole discretion, such penalty was incurred due to circumstances beyond
Shipper's control.
4.5 Transportation of Associated Liquids. If Associated Liquids are transported
hereunder for Shipper and U-TOS is required by any regulatory agency, from time
to time, to allocate a portion of its cost of service to such transportation
service or to charge, or impute, a fee for such service, then Shipper shall
reimburse U-TOS for such allocated costs and such fee.
4.6 Commission and Other Regulatory Fees. Shipper shall reimburse U-TOS for all
filing, reporting and application fees required by the Commission or any other
regulatory body which are related to service provided under this Rate Schedule.
4.7 Rate Changes. Subject to any rights or limitations imposed by additional
Transportation Agreement provisions agreed to by Shipper and U-TOS, U-TOS may
from time to time and at any time selectively adjust any or all of the rates
charged to any individual Shipper for which a Maximum Rate and Minimum Rate are
stated on Sheet No. 4 of this Tariff; provided, however, that such adjusted
rate(s) shall not exceed the applicable Maximum Rate(s), nor shall they be less
than Minimum Rate(s), set forth on such sheets. U-TOS shall have the right to
charge the Maximum Rate at any time as a condition for new service or for
continuation of service under an existing Agreement. U-TOS shall make all
information filings required by the Commissions' regulations with respect to any
charges at less than the Maximum Rate. Whenever U-TOS adjusts the rate to be
charged to a Shipper pursuant to this Section 4.7, notice thereof shall be given
to Shipper not less than seventy-two (72) hours prior to the effective date of
such adjustment.
5. WARRANTY
Shipper warrants for itself, its successors and assigns, that it will have at the time
of delivery of Gas and Associated Liquids for transportation hereunder good title to
deliver such Gas and Associated Liquids to U-TOS and accept redelivery at the Point of
Delivery. U-TOS warrants for itself, its successors and assigns, that it will at the
time of delivery to others of the Gas and Associated Liquids transported hereunder have
good right to deliver such Gas and Associated Liquids to others. Shipper warrants for
itself, its successors and assigns, that the Gas it warrants hereunder shall be free
and clear of all liens, encumbrances, and claims whatsoever, that it will indemnify
U-TOS and save U-TOS harmless from and against all suits, actions, debts, accounts,
damages, costs, losses, and expenses including U-TOS' actual attorney's fees and cost
of defense arising from or out of any adverse claims of any and all persons to said Gas
and/or to royalties, taxes, license fees, or charges thereon which are applicable to
such delivery of Gas and that it will indemnify U-TOS and save it harmless from all
taxes or assessments which may be levied and assessed upon such delivery and which are
by law payable by, and the obligation of, the Party making such delivery.