GENERAL TERMS AND CONDITIONS

(continued)


 


 

Day; and (3) a penalty of $20.00 per Dth for any quantity in excess

of the 8% of that allowable variation for the particular Gas Day.

The cost of gas shall be the Daily Gas Index Price for the higher

of: (a) the Gas Day of receipt and delivery, (b) the Gas Day

preceding receipt or delivery, or (c) the Gas Day following receipt

and delivery, as applicable; provided, however, if Pipeline's

allowable daily dispatch variation is higher than the minimum floor

set forth pursuant to GT&Cs Section 7.5, Shipper will not incur a

penalty for any unauthorized overrun quantities equal to or less

than that particular day's posted allowable daily dispatch

variation. Such penalties do not mitigate Shipper's responsibility

to resolve imbalances resulting from such overruns.


 

The payment of a penalty for such daily unauthorized overrun gas

hereunder shall under no circumstances be considered as giving

Shipper the right to take unauthorized overrun gas or be considered

as a substitute for any other remedy available to Pipeline against

the offending Shipper for failure to stay within Shipper's

applicable, allowable daily dispatching variation.


 

7.8 Unauthorized Daily Underdelivery Penalties. Shipper shall pay a

penalty for unauthorized daily underdeliveries occurring at the time

an OFO is issued. Such OFO penalty amount under this section shall

be calculated as follows: If Shipper does not transport on any Gas

Day its scheduled quantities minus the allowable daily dispatch

variations set forth in GT&Cs Section 7.5, Shipper shall pay the

cost of such overrun gas plus a penalty of: (1) $5.00 per Dth for

unauthorized underdelivery quantities in excess of 2% up to 5% of

that allowable variation for the particular Gas Day; (2) $15.00 per

Dth for unauthorized underdelivery quantities in excess of 5% up to

8% of that allowable variation for the particular Gas Day; and (3) a

penalty of $20.00 per Dth for unauthorized underdelivery quantities

in excess of the 8% of that allowable variation for the particular

Gas Day. The cost of gas shall be the Daily Gas Index Price for the

higher of: (a) the Gas Day of receipt and delivery, (b) the Gas Day

preceding receipt or delivery, or (c) the Gas Day following receipt

and delivery, as applicable; provided, however, if Pipeline's

allowable daily dispatch variation is higher than the minimum floor

set forth pursuant to GT&Cs Section 7.5, Shipper will not incur a

penalty for any unauthorized