K N Interstate Gas Transmission Co.
Second Revised Volume No. 1-B
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Effective Date: 11/01/1994, Docket: RP94-397-000, Status: Effective
First Revised Sheet No. 22 First Revised Sheet No. 22 : Superseded
Superseding: Original Sheet No. 22
GENERAL TERMS AND CONDITIONS FOR SERVICES - continued
14. RIGHT TO DELIVER THE GAS
Shipper shall have a valid right to deliver the gas to be transported at
the time of tender to Transporter. Each Party shall indemnify the other
Party against all damages, costs, and expenses of any nature whatsoever
arising from any claim against the gas.
15. FUEL AND LOSS REIMBURSEMENT
Shippers shall reimburse K N for Company-used gas and Lost and
Unaccounted-For Gas (fuel and loss) in kind. Fuel and loss
reimbursement percentages are set forth in the effective Sheet No. 4 of
this FERC Gas Tariff.
K N shall file revised fuel and loss reimbursement percentages each
year, based on prior year actuals. Any difference between actual fuel
and loss in the prior year and the quantity retained in kind hereunder
for the prior year shall be deferred and be included in the calculation
of revised fuel and loss reimbursement percentages for the following
year. Such annual filing shall be made no later than June 1st to be
effective July 1st.
16. LIMITATIONS ON OBLIGATIONS
16.1 FORCE MAJEURE
a. It is expressly agreed that Transporter shall not be liable on
any account whatsoever to Shipper for any failure,
interruption or diminution in delivery of gas or any act,
omission or circumstance occasioned by or in consequence of
accident to or breakage of pipelines, equipment or machinery,
explosions, landslides, earthquakes, fires, lightning, floods,
washouts, freezing, storms, the elements, the making of
repairs, alterations or replacements, scheduled maintenance,
strikes, lockouts or other industrial disturbances, riots,
insurrections, civil disturbances, pestilence, acts of God or
the public enemy, war, legal interferences, orders or
requirements of any court of competent authority, depletion or
destruction of gas