TF03 840020005P126Second Revised Sheet No. 84 TF04 First Revised Sheet No. 84 TF05Edward C. McMurtrie, Vice President/General Manager TF06110503 120903 GENERAL TERMS AND CONDITIONS (Continued) 5. OVERRUN AND UNDERRUN, BALANCING AND PENALTY PAYMENTS (Continued) 5.2 Restricted Entitlement Events: (Continued) (3) For each day of an overrun entitlement period, any quantity taken by Shipper in excess of its Daily Scheduled Quantity shall constitute an Unauthorized Daily Overrun, and shall be subject to a penalty, but only in the event that Paiute has been assessed penalties by the upstream pipeline for the Declared or Restricted Entitlement Period. In such event, Paiute shall recover from its Shippers an amount of penalty revenues equal to the amount that Paiute has been assessed by the upstream pipeline. Paiute shall allocate such penalty amount among its Shippers on a pro rata basis, based upon each Shipper's total Unauthorized Daily Overrun quantity for the entitle- ment period compared to the total of all Shippers' Unauthorized Daily Overrun quantities for the entitle- ment period. (4) For each day of an underrun entitlement period, any quantity taken by Shipper that is less than its Daily Scheduled Quantity shall constitute an Unauthorized Daily Underrun, and shall be subject to a penalty, but only in the event that Paiute has been assessed penalties by the upstream pipeline for the Declared or Restricted Entitlement Period. In such event, Paiute shall recover from its Shippers an amount of penalty revenues equal to the amount that Paiute has been assessed by the upstream pipeline. Paiute shall allocate such penalty amount among its Shippers on a pro rata basis, based upon each Shipper's total Unauthorized Daily Underrun quantity for the entitlement period compared to the total of all Shippers' Unauthorized Daily Underrun quantities for the entitlement period.