TransGas Comprehensive Tariff
6.9) Any reallocation of the Actual Energy Allocations for the preceding Month, which is less than 80 percent of the cumulative daily Allocations, requires the approval of TransGas, which approval shall not be unreasonably withheld. 6.10) In the event the CSO does not provide the updated Pre-Determined Methodology to TransGas as specified in Clause 6.8, then Customer(s)’s Monthly Energy as specified by TransGas shall prevail. 6.11) Once the Customer(s)'s Allocations of Gas have been set pursuant to Clauses 6.4, 6.5, 6.8, or 6.9, they shall be final, binding, and accepted as correct by Customer(s) and CSO, subject to errors or omissions identified by TransGas, or brought to the attention of TransGas by the CSO or the Customer(s), such reasonable errors or omissions to be adjusted accordingly. 6.12) TransGas shall be entitled to rely on the Customer(s)'s Allocations provided by the CSO to TransGas, and shall in no event be liable to Customer(s) or CSO for use of or reliance on the Customer(s)'s Allocations. Article 7 Limitation of Liability 7.1) Notwithstanding anything contained these Terms and Conditions, CSO, its servants, agents or employees shall not be liable to Customer(s) under Common Stream Operations Service for any loss or damage suffered by Customer(s) resulting or arising from its operations under these Terms and Conditions, except when and to the extent that such loss or damage results from the gross negligence or willful misconduct of CSO, its servants, agents or employees. 7.2) This limitation on CSO's liability shall apply regardless of whether the action is based on contract, including, without limitation, fundamental breach or breach of fundamental term, or tort, including, without limitation, negligence. Article 8 Appointment of a New Common Stream Operator 8.1) The CSO shall not assign the Common Stream Operations TransGas Contract, in whole or in part, or any interest herein or any right or obligation hereunder, without the prior written consent of TransGas, such consent not to be unreasonably withheld. 8.2) Notwithstanding the provisions of this Article 8, the CSO shall be replaced immediately and another CSO appointed by TransGas if the CSO becomes bankrupt or insolvent or commits or suffers any act of bankruptcy or insolvency, or makes any assignment for the benefit of creditors or causes any judgment to be registered against it. 8.3) Should the CSO default in its duties or obligations, or any of them hereunder, and does not commence to rectify the default within thirty (30) Days after written notice from TransGas specifying the default and requiring the CSO to remedy the same, TransGas reserves the right to remove the CSO and appoint a new CSO, at its sole discretion.
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Service Specifications 3.4 Common Stream Operations
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