Florida Gas Transmission Company, LLC

Fourth Revised Volume No. 1

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Effective Date: 09/01/2006, Docket: RP06-463-000, Status: Effective

Original Sheet No. 218 Original Sheet No. 218 : Effective

 

GENERAL TERMS AND CONDITIONS

(continued)

 

have delivered to Transporter or Transporting Pipeline sufficient quantities of gas

to meet their delivery requirements from Transporter; provided however, that the

foregoing shall not require Shipper to indemnify and hold Transporter harmless from

a claim against Transporter for Transporter's negligence or willful misconduct.

Nothing in this Section 7C shall prevent a Shipper from asserting a claim against

another Shipper; in the event of such a claim between Shippers, Transporter will

make available such information in its possession relevant to such claim.

 

8. FORCE MAJEURE

 

a. In the event that either party is rendered unable, wholly or in part, by force

majeure to carry out its obligations under the Service Agreement, other than to

make payments due thereunder, it is agreed that subject to such party giving notice

and full particulars of such force majeure in writing to the other party as soon as

possible after the occurrence of the cause relied on, then the obligations of the

party giving such notice, so far as they are affected by such force majeure, shall

be suspended during the continuance of any inability so caused, but for no longer

period, and such cause shall as far as possible be remedied with all reasonable

dispatch.

 

b. In the event of any nonperformance caused by any of the forces described in Section

8(c), the party affected shall as soon as reasonably practicable notify the other

party verbally and within five (5) working days provide the other party with

written confirmation of the nature, cause, date of commencement and anticipated

extent of such nonperformance. In the event of third party upstream pipeline force

majeure events affecting performance by Transporter, Transporter will post notice

of such, along with particulars, if and to the extent known by Transporter.

 

c. The term "force majeure" as employed herein shall generally mean unplanned or

unanticipated events or circumstances that are not within the control of the party

claiming suspension of its obligations and which such party could not have avoided

through the exercise of reasonable diligence, but shall specifically include: acts

of God, strikes, lockouts, or other industrial disturbances, acts of the public

enemy, wars, blockades, insurrections, riots, epidemics, landslides, lightning,

earthquakes, fires, storms, floods, washouts, arrests and restraints of governments

and people, civil disturbances, explosions, breakage or accidents to machinery or

lines of pipe, the necessity for making repairs or alterations to machinery or

lines of pipe due to an unplanned event, freezing of wells or lines of pipe,

planned or unplanned outages on Shipper's facilities, unplanned outages on

Transporter's system, planned or unplanned outages on Transporting Pipeline's

pipeline system, the inability of Transporting Pipeline's pipeline system to

deliver gas, acts of civil or military authority (including, but not limited to,

courts or administrative or regulatory agencies),