GENERAL TERMS AND CONDITIONS

(continued)


 


 

(b) Authorized Fluctuations in Flow Rates:


 

Scheduled quantities will be received and delivered at a

uniform hourly rate of confirmed quantity divided by 24,

unless as determined by Pipeline, variance from the hourly

rate will not be detrimental to the operation of the

pipeline or adversely affect other Pipeline Shippers.


 


 

9. OPERATIONAL FLOW ORDERS


 

9.1 Pipeline reserves and will have the right to issue Operational Flow

Orders ("OFOs") to preserve the integrity of Pipeline's system, to

prevent or respond to a force majeure event, to ensure adequate

operating pressures, to have adequate supplies in the system, to

assure adequate fuel and Fuel Retainage, to maintain firm services

and to stabilize the operation of the system. To the extent

possible, Pipeline will identify discrete Shipper(s) whose action(s)

require Pipeline to issue an OFO and Pipeline will limit the

applicability of OFO(s) to such Shipper(s). Notwithstanding the

foregoing, if Pipeline is unable to identify discrete Shipper(s)

whose action(s) require issuance of an OFO, OFOs will be issued as

necessary to resolve the operational problem. Once an OFO has been

issued, Pipeline will cooperate with the affected Shipper(s) to

accomplish the results intended by the OFO. So long as Pipeline

acts reasonably and in good faith, Pipeline shall not be liable for

any damages suffered by Shipper or by any third party as a result of

any actions taken by Pipeline in connection with an OFO.