Energy West Development, Inc.

Original Volume No. 1

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Effective Date: 06/11/2010, Docket: RP10-732-000, Status: Effective

First Revised Sheet No. 53 First Revised Sheet No. 53

Superseding: Original Sheet No. 53

 

General Terms and Conditions

 

18. LIABILITY AND REMEDIES

 

18.1 Relief From Liability.

 

(a) 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 event constituting

force majeure and, except as otherwise provided in Section 18.2 of the General Terms

and Conditions of this Tariff, the obligations of Transporter and Shipper shall be

excused during the period thereof to the extent affected by such events of force

majeure. The term "force majeure" shall mean 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 pipeline

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

resisted in good faith by all reasonable legal means, and any 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

Transportation Service Agreement between Transporter and Shipper or some person or

concern not a party thereto, which is not within the control of the party claiming

excuse and which by the exercise of due diligence such party is unable to prevent or

overcome. 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 excuse. Under no

circumstances will lack of finances be construed to constitute force majeure.

 

(b) Transporter shall not be liable in damages to Shipper for any interruption,

curtailment, impairment or reduction in service due to routine scheduled

maintenance, maintenance required by applicable regulations or good engineering

practice, or construction pursuant to a certificate of public convenience and

necessity duly issued by the Commission, provided that Transporter shall provide

Shipper as much notice as practical in advance of such interruption, curtailment,

impairment or reduction in service, and provided that Transporter shall exercise

reasonable efforts to schedule such maintenance or construction so as to minimize

the impact on all Shippers taken as a group.

 

18.2 Liabilities Not Relieved. Such causes or contingencies affecting the performance of said

Transportation Service Agreement by either party, 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 remove the cause in an adequate manner and with

all reasonable dispatch. Such causes or contingencies affecting the performance of said

contract shall not relieve either party from its obligation to make payments of amounts

then due thereunder or relieve Shipper from its obligation to pay the applicable

Reservation Charge thereunder. Such causes or contingencies shall not relieve either party

of liability unless such party shall give notice and full particulars of the same in

writing to the other party as soon as possible after the occurrence relied on. Shipper's

obligation to pay applicable Reservation Charges shall not be suspended by any failure of

Transporter to deliver Gas to or on behalf of Shipper for any reason or cause whatsoever,

whether or not described in this Section 18, except in the event that such failure is

caused by the negligence or intentional misconduct of Transporter.