Algonquin Gas Transmission, LLC

Fifth Revised Volume No. 1

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Effective Date: 09/01/2005, Docket: RP05-417-000, Status: Effective

First Revised Sheet No. 552 First Revised Sheet No. 552 : Effective

Superseding: Original Sheet No. 552

 

GENERAL TERMS AND CONDITIONS

(continued)

 

16. FORCE MAJEURE

 

16.1Relief from Liability. Neither party shall be taken to have breached its obligations

under the service agreement, the applicable rate schedule, or these General Terms and

Conditions by reason of any act, omission or circumstance occasioned by or in

consequence of any acts of God, strikes, lockouts, acts of the public enemy, wars,

blockades, insurrections, riots, epidemics, landslides, lightning, earthquakes,

fires, storms, floods, washouts, arrests and restraints of rulers and peoples, civil

disturbances, explosions, damage, breakage or accident to machinery or lines of pipe,

failure of third-party transportation, the binding order of any court or governmental

authority which has been resisted in good faith by all reasonable legal means, and

any other cause, whether of the kind herein enumerated or otherwise, not within the

control of the party claiming suspension under this section, which act, omission or

circumstance such party is unable by the exercise of due diligence to prevent or

overcome.

 

16.2 Liabilities Not Relieved. Such causes or contingencies affecting performance by

either party, however, shall not relieve such party of liability in the event of its

concurring negligence or in the event of its failure to use due diligence to remedy

the situation and remove the cause in an adequate manner and with all reasonable

dispatch, nor shall such causes or contingencies affecting performance relieve either

party from its obligations to make payments of amounts then due in respect of gas

theretofore delivered.

 

16.3 Proration of Impaired Deliveries. The provisions of Section 24 of these General

Terms and Conditions shall govern the apportionment of available capacity when such

available capacity is impaired so that Algonquin is unable to deliver to Customer the

daily or annual quantities of gas provided by effective service agreements.

 

16.4 Scheduling of Construction and Maintenance. Algonquin shall have the right to

curtail, interrupt, or discontinue service in whole or in part on all or a portion of

its system from time to time to perform repair, maintenance or improvements on

Algonquin's system as necessary to maintain the operational capability of the system,

or to comply with applicable regulatory requirements, or to perform construction

pursuant to valid FERC authorization. Algonquin shall exercise due diligence to

schedule repair, construction and maintenance so as to minimize disruptions of

service to Customer and shall provide reasonable notice of the same to Customer.

 

16.5 Compliance with Directives of Governmental Agencies. Whenever in order to comply

with orders, directives or regulations of duly constituted state, local or federal

authorities, including, but not limited to, the Department of Transportation, the

Federal Energy Regulatory Commission, and the Environmental Protection Agency,

Algonquin must curtail deliveries to Customer and is unable to deliver to Customer

the quantities of gas which Customer may then