Columbia Gulf Transmission Company

Second Revised Volume No. 1

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Effective Date: 11/01/1993, Docket: RS92- 6-007, Status: Effective

First Revised Sheet No. 201 First Revised Sheet No. 201 : Effective

Superseding: Original Sheet No. 201

GENERAL TERMS AND CONDITIONS (Continued)

 

 

 

15. FORCE MAJEURE

 

15.1 Defined. Neither Transporter nor Shipper shall be liable to the other for any damages

occurring because of force majeure. The term force majeure means an event that creates an inability

to serve that could not be prevented or overcome by the due diligence of the party claiming force

majeure. Such events include, but are not defined by or limited to, acts of God, strikes, lockouts,

acts of a public enemy, acts of sabotage, wars, blockades, insurrections, riots, epidemics,

landslides, earthquakes, fires, hurricanes, storms, tornadoes, floods, washouts, civil disturbances,

explosions, accidents, freezing of wells or pipelines, partial or entire electronic failure

(including the failure of the EBB and the EBB back-up plan, or the failure of SCADA or electronic

measurement equipment), mechanical or physical failure that affects the ability to transport gas,

or the binding order of any court, legislative body, or governmental authority which has been

resisted in good faith by all reasonable legal means. Failure to prevent or settle any strike or

strikes shall not be considered to be a matter within the control of the party claiming suspension.

 

 

15.2 In Operation. Such causes or contingencies affecting the performance hereunder by either

Transporter or Shipper, however, shall not relieve it 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 to remove

the cause in an adequate manner and with all reasonable dispatch, nor shall such causes or

contingencies affecting such performance relieve either party from meeting all payment obligations.