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.