East Tennessee Natural Gas, LLC

Third Revised Volume No. 1

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Effective Date: 07/01/2004, Docket: RP04-362-000, Status: Effective

Original Sheet No. 376 Original Sheet No. 376 : Effective

 

 

 

GENERAL TERMS AND CONDITIONS (Continued)

 

 

24. EXCUSE OF PERFORMANCE AND REMEDIES

 

24.1 Relief from liability: Neither Transporter nor Shipper shall be

liable in damages to the other for any act, omission or

circumstances occasioned by or in consequence of any acts of God,

strikes, lockouts or other industrial disturbances, acts of the

public enemy, wars, blockades, military action, insurrections,

riots, epidemics, landslides, lightning, earthquakes, fires,

storms or storm warnings, crevasses, floods, washouts, arrests and

restraints of rulers and peoples, explosions, breakage or accident

to machinery or lines of pipe, the necessity for testing,

rehabilitating or making repairs or alterations to machinery or

lines of pipe, freezing of wells or lines of pipe, inability of

either Shipper or Transporter to obtain necessary materials,

supplies, equipment or permits, labor required to comply with any

obligations or conditions of an agreement, inability to obtain

access to rights-of-way, the binding order of any court or

governmental authority that has been resisted in good faith by all

reasonable legal means, and any other cause, whether of the kind

herein enumerated, or otherwise, and whether caused or occasioned

by or happening on account of the act or omission of one of the

parties to the gas service contract between Transporter and

Shipper or some person or concern not a party thereto, not within

the control of the party claiming suspension, and which by the

exercise of due diligence such party is unable to prevent or

overcome. In addition, a Balancing Party shall be exempted from

liability for any Daily Variance Charge incurred as a result of

freezing or failure of third party lines of pipe or facilities, or

as a result of an unexpected breakdown of the Balancing Party's

facilities. Transporter and Shipper shall schedule routine

maintenance in a manner that minimizes service interruptions and

shall not schedule routine maintenance during periods of peak

demand. Any routine maintenance that is scheduled during a period

of peak demand shall not be considered an event of force majeure

hereunder. A failure to settle or prevent any strike or other

controversy with employees or with anyone purporting or seeking to

represent employees shall not be considered to be a matter within

the control of the party claiming suspension.

 

24.2 Liabilities not relieved: Such causes or contingencies affecting

the performance of said service agreement by either party,

however, shall not relieve it of liability in the event of its

contributory 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 relieve either party of its obligations to

meet the