K N Interstate Gas Transmission Co.
Third Revised Volume No. 1-B
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Effective Date: 01/01/1997, Docket: RP97- 81-000, Status: Effective
First Revised Sheet No. 34 First Revised Sheet No. 34 : Superseded
Superseding: Original Sheet No. 34
GENERAL TERMS AND CONDITIONS FOR SERVICES - continued
17. REMEDIES
17.1 No provision of these General Terms and Conditions
regarding specific remedies shall bar Transporter
from asserting any other remedy it may have at law
or in equity.
17.2 In the event of a bona fide dispute between the
Parties with respect to any invoices, Transporter
shall have the right to discontinue the
transportation of gas beginning 30 days after the
issuance of a final nonappealable decision by a
court of competent jurisdiction in favor of
Transporter, if Shipper has failed to remedy or
correct such violation within said 30-day period.
18. SERVICE AGREEMENT/RIGHT OF FIRST REFUSAL PROCESS
Shippers under Rate Schedules FT, NNS and FSS, with a
term of one (1) year or more may exercise the Right of
First Refusal. Such agreements are not subject to
pregranted abandonment provided notice is given as
described herein. A firm Shipper may elect to retain a
portion of its capacity, subject to the Right of First
Refusal process and have Transporter's pregranted
abandonment authority apply to the remainder of the
capacity. For the purpose of exercising the Right of
First refusal, a Shipper paying a Negotiated Rate will
be subject to the provisions of Section 36 below. The
process for exercising the Right of First Refusal is as
follows:
18.1 NOTICE
Transporter will provide no more than nine (9)
months, and not less than six (6) months advance
written notice of pending contract expiration to
firm Shippers with contact terms of one (1) year or
more. Shippers must give notice to Transporter no
less than four (4) months before the expiration of
its firm throughput contract that it wishes
Transporter to post its capacity to begin the Right
of First Refusal process.
Failure by the Shipper to give Transporter the
notice specified in this section will result in the
automatic abandonment of the entitlement and the
Shipper's right