Common use of Shipper’s Responsibilities Clause in Contracts

Shipper’s Responsibilities. Shipper recognizes that, as between it and Transporter, Shipper has sole control over its physical takes of gas from Transporter's system and therefore has a duty to refrain from taking delivery of unauthorized overrun quantities. Shipper further recognizes that Shipper may cause hardship and economic damage to other shippers in the event Shipper takes delivery of unauthorized overrun quantities for which Shipper may be held accountable either through a direct cause of action by such other shippers or as an impleaded or third party defendant in a suit by such other shippers. In no event shall the payment of a penalty for an overrun quantity pursuant to this Service Agreement be considered as giving Shipper the right to take such unauthorized overrun quantity nor shall such payment be considered as a substitute for all other rights and remedies (including but not limited to consequential damages) available to any other shipper against Shipper.