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First Revised Sheet No. 22 First Revised Sheet No. 22 : Superseded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