GENERAL TERMS AND CONDITIONS

(continued)


 


 

21.5 Shipper Warranty. Shipper warrants that all upstream and downstream

transportation and/or service arrangements are in place, or will be

in place as of the requested effective date of service, and that it

has advised the upstream and downstream operators of the Receipt

Point(s) and Delivery Point(s) under Shipper's Service Agreement(s)

and any quantity and quality limitations for each point as specified

on Exhibits A and B attached to the effective Service Agreement(s)

or elsewhere in Pipeline's Tariff. Shipper agrees to indemnify and

hold Pipeline harmless for refusal to transport gas hereunder in the

event any upstream or downstream operator fails to receive or

deliver gas as contemplated by this Tariff. Shipper agrees to

indemnify and hold Pipeline harmless from all suits, actions, debts,

accounts, damages, costs, losses and expenses (including reasonable

attorneys fees) arising from or out of breach of any warranty by

Shipper herein. Pipeline shall not be obligated to provide or

continue service hereunder in the event of any breach of warranty.


 

21.6 Effect of Interconnecting Operations. In the event that any

upstream entity involved in handling Shipper's gas refuses or is

unable to deliver gas to Pipeline, Pipeline shall not be required to

continue deliveries of gas on behalf of Shipper to the extent of

such refusal or inability to deliver gas to Pipeline. In the event

that any downstream entity involved in handling Shipper's gas

refuses or is unable to receive gas from Pipeline, Pipeline shall

have the right to reduce deliveries of gas on behalf of Shipper to

the extent of such refusal or inability by the downstream entity to

receive gas.


 


 

22. FUEL RETAINAGE PERCENTAGE


 

22.1 General. Periodically rates and charges under Pipeline's Tariff

shall be adjusted to reflect changes in Pipeline's expenditures such

as the Fuel Retainage Percentage. Such expenditures shall include

both expenditures chargeable to operations as well as expenditures

includable in rate base. During the term of any Service

Agreement(s), Pipeline will periodically track changes in its

requirement to retain gas in-kind for the Fuel Retainage Percentage

used to provide service for Shippers.