Enbridge Pipelines (AlaTenn) L. L. C.
FOURTH REVISED VOLUME NO. 1
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Effective Date: 10/11/2002, Docket: RP03- 40-000, Status: Effective
Original Sheet No. 157 Original Sheet No. 157 : Effective
GENERAL TERMS AND CONDITIONS (continued)
Prior period adjustment time limits, excluding governmental
required rate changes, should be six (6) months from the date of
the inital transportation invoice and 7 months from the date of
initial sales invoice to which the error pertains, unless (i) the
parties mutually agree otherwise, or (ii) the claimed error is the
result of a deliberate omission or misrepresentation by either
party or a mutual mistake of fact. In all instances in which a
claim for adjustment is made, the Shipper or Transporter, as
applicable shall have a 3 month rebuttal period. Parties' other
statutory or contractual rights shall not otherwise be diminished
by this standard.
7. POSSESSION OF GAS
Unless otherwise provided in the transportation contract or applicable
Rate Schedule, as between Transporter and Shipper, Shipper shall be
deemed to be in exclusive control and possession of the gas to be
transported (i) prior to receipt by Transporter at the Receipt Point(s),
and (ii) after delivery by Transporter at the Delivery Point(s);
otherwise, Transporter shall be in exclusive control and possession of
the gas. The Party which shall be in exclusive control and possession
of the gas shall be responsible for all injury or damage caused thereby
to any third party. In the absence of negligence or willful misconduct
on the part of Transporter, Shipper waives any and all claims and
demands against Transporter, its officers, employees or agents, arising
out of or in any way connected with (i) the quality, use or condition of
the gas after delivery from Transporter for the account of such Shipper,
(ii) any losses or shrinkage of gas during or resulting from
transportation hereunder, and (iii) all other claims and demands arising
out of Transporter's performance of its duties hereunder. In any event,
Transporter's shall not be liable for any damages hereunder other than
compensatory damages.
8. PRESSURES
Unless otherwise provided in the applicable Rate Schedule, or executed
Service Contract, this Section 8 shall apply to all transportation
service.