Great Lakes Gas Transmission Limited Partner

Second Revised Volume No. 1

 Contents / Previous / Next / Main Tariff Index

 

 

Effective Date: 07/01/2006, Docket: RP06-375-000, Status: Effective

Sixth Revised Sheet No. 23 Sixth Revised Sheet No. 23 : Effective

Superseding: Fifth Revised Sheet No. 23

 

 

GENERAL TERMS AND CONDITIONS

____________________________

(continued)

 

10. FORCE MAJEURE, REMEDIES, AND LIABILITY

 

10.1 Force Majeure

 

Neither Shipper nor Transporter shall be liable in damages to the other for any act, omission or

circumstances 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, line

freezeups, decline in the Btu level of Gas received by Transporter at any point below the level

at which the MDQs of Service Agreements are based, as specifically stated in Section 8.1 of the

General Terms and Conditions, to the effect that Transporter can not Transport Shipper's

Scheduled Daily Delivery, or the binding order of any court or governmental authority which has

been resisted in good faith by all reasonable legal means, and any other 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 hereto or some person or concern not a party

hereto, not within the control of the party claiming suspension 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

suspension.

 

10.2 Remedies

 

Such causes or contingencies affecting the performance of the 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, nor shall such causes or contingencies

affecting the performance of this Agreement relieve either party from its obligation to make

payments of amounts then due thereunder, nor shall such cause or contingencies relieve either

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

writing or by fax to the other party as soon as possible after the occurrence relied on.

 

10.3 Liability

 

Transporter shall not be liable for damages of any kind, including consequential damages, to

Shipper or others, if Transportation Service under this FERC Gas Tariff, Second Revised Volume

No. 1, is curtailed for any reason, including repairs, alterations, replacements, or scheduled

maintenance. This provision shall not apply, however, to interruptions caused by Transporter's

negligence or willful misconduct.