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
First Revised Sheet No. 39 First Revised Sheet No. 39 : Superseded
Superseding: Original Sheet No. 39
GENERAL TERMS AND CONDITIONS
(Continued)
(l) Sale by Affiliated Marketer
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If the Shipper(s) is affiliated with U-TOS or any of the partners in
U-TOS, and will be marketing the Gas to be transported, a statement
whether and by how much the cost of the Gas to the Shipper(s) exceeds the
price to be received for the sale of the Gas by the Shipper(s), after
deducting associated costs, including those incurred for transportation
(i.e., whether and by how much the Gas will be sold at a loss).
2.3 Subsequent Information
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If any of the events or actions described in 2.2(k)(iv) above, shall be
initiated or imposed during the term of service hereunder, Shipper shall provide
notification thereof to U-TOS within two (2) business days of any such initiated
or imposed event or action. Shipper shall also provide, forthwith, such
additional Shipper credit information as may be reasonably required by U-TOS,
at any time during the term of service hereunder, to determine Shipper's
creditworthiness. Also refer to Section 5 of these General Terms and
Conditions.
2.4 Request Validity
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Shipper's Request for Transportation Service shall be considered null and
void if U-TOS has tendered an Agreement for execution to Shipper and
Shipper fails to execute the Agreement within thirty (30) days
thereafter. In determining whether it is feasible to execute an
Agreement, in light of available capacity, relative to service under Rate
Schedule FT, after provision for existing requirements on its system,
operating constraints and pending requests for service, U-TOS will not
tender an agreement which relates to requests for firm service for which
it does not have sufficient available capacity, relative to service under
Rate Schedule FT, or service which Shipper does not desire to or cannot
begin within fifteen (15) days after the execution of the Agreement, or
such other period as the parties may agree to in writing.
2.5 Shipper's Performance
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If a Shipper that has executed an Agreement for interruptible transportation
service fails, on the later of the date service is to commence or 30 days after
the Shipper executes the Agreement or the completion of construction of any
necessary facilities or the issuance of any necessary governmental
authorization, to nominate, pursuant to Section 7.1 of these General Terms and
Conditions, a quantity of Gas for transportation, or fails, having nominated a
quantity of Gas and U-TOS having scheduled the quantity for transportation,
pursuant to Section 7.8 of these General Terms and Conditions, to tender such
Gas for transportation on the date it is scheduled, U-TOS may terminate
Shipper's Agreement and the Shipper's request for service shall be deemed null
and void; provided, however, that the Shipper's Agreement shall not be
terminated nor shall the Shipper's request for service be deemed null and void
if the Shipper's failure to nominate or tender is caused by an event of force
majeure on U-TOS' system, as defined in Section 13 of these General Terms and
Conditions.