Equitrans, L. P.
Original Volume No. 1
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Effective Date: 05/01/2000, Docket: RP00-225-000, Status: Effective
First Revised Sheet No. 244 First Revised Sheet No. 244 : Effective
Superseding: Original Sheet No. 244
GENERAL TERMS AND CONDITIONS (Continued)
10. FORCE MAJEURE
Neither Equitrans nor a Customer shall be liable in damages to the
other for 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, breakage or accident to machinery or lines of pipe;
curtailments or interruptions of gas service which maybe required,
on notice by Equitrans to Customer, under any regulation or order
of, or any rule filed with and accepted by, any regulatory body
having jurisdiction; any other binding order which has been resisted
in good faith by all reasonable legal means; and any other cause,
whether of the kind enumerated or otherwise, not reasonably within
the control of the party claiming suspension and which by the
exercise of due diligence such party is unable to prevent or
overcome. Failure to prevent or settle any strike or strikes shall
not be considered a matter within the control of the party claiming
suspension. Such causes or contingencies affecting the performance
under the Service Agreement by either Equitrans or a Customer,
however, shall not relieve it of liability in the event of its
concurrent 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 its obligations to make payment of amounts accrued to
that date due hereunder in respect of gas theretofore delivered.
Failure or interruption of transportation of gas upstream or
downstream of Equitrans' system shall not constitute a force majeure
event for purposes of a Customer's responsibility to pay the
reservation charges otherwise owing under Equitrans transportation
and storage Rate Schedules.