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. 219 Original Sheet No. 219 : Effective

 

GENERAL TERMS AND CONDITIONS

(continued)

 

partial or entire failure of source of supply, and any other

cause, whether of the kind herein enumerated or otherwise, not

within the control of the party claiming suspension and which

by the exercise of reasonable diligence such party is unable

to prevent or overcome; such term shall likewise include in

those instances where either party is required to obtain

servitudes, rights of way grants, permits or licenses to

enable such party to fulfill its obligations hereunder, the

inability of such party to acquire, or the delays on the part

of such party in acquiring, at reasonable cost and after the

exercise of reasonable diligence, such servitudes, rights of

way grants, permits or licenses; and in those instances where

either party is required to furnish materials and supplies for

the purpose of constructing or maintaining facilities or is

required to secure grants or permissions from any governmental

agency to enable such party to fulfill its obligations

hereunder, the inability of such party to acquire, or the

delays on the part of such party in acquiring, at reasonable

cost and after the exercise of reasonable diligence, such

materials and supplies, permits and permissions (provided that

to the extent such party has contracted with an affiliate to

obtain such materials and supplies, permits, and permissions,

such party shall be entitled to rely on this provision to

excuse such inability or delay only to the extent of an

inability or delay reasonable in comparison to arms-length

transactions with nonaffiliates).

 

d. It is understood and agreed that the settlement of strikes or

lockouts or other industrial disturbances shall be entirely

within the discretion of the party having the difficulty, and

that the above requirement that any force majeure shall be

remedied with all reasonable dispatch shall not require the

settlement of strikes or lockouts by acceding to the demands

of the opposing party when such course is inadvisable in the

discretion of the party having the difficulty.

 

e. It is understood and agreed that in the event Transporter has

arranged for third party transportation with a Transporting

Pipeline, and such Transporting Pipeline asserts force

majeure, such event of force majeure on the Transporting

Pipeline system shall constitute force majeure only to the

extent Transporter fails to meet its obligations under its

rate schedules as a result of such force majeure event.