Great Lakes Gas Transport, L.L.C.

Second Revised Volume No. 1

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Effective Date: 11/01/1993, Docket: RP97-157-006, Status: Effective

Original Sheet No. 109 Original Sheet No. 109 : Effective

 

 

GENERAL TERMS AND CONDITIONS

FOR TRANSPORTATION SERVICE

(cont'd)

 

 

8. FORCE MAJEURE (cont'd)

 

Transporter to collect any amounts then due to Transporter for

services rendered prior to the time of termination, and shall be

without prejudice to the right of Shipper to receive any service which

it has not received, but for which it has paid prior to the time of

termination, and without waiver of any remedy to which the party not

in default may be entitled for violations of the Service Agreement.

 

The provisions of this Subsection 8.3 of Section 8 shall be in

addition to such other remedies as would be available under Subsection

5.4 of Section 5 hereof.

 

8.4 Waiver of Claim. Except as expressly provided hereunder, in the

absence of negligence or willful misconduct on the part of

Transporter, Shipper waives any and all claims and demands against

Transporter, its officers, employees or agents, arising out of or in

any way connected with:

 

(a) the quality, use or conditions of the gas after delivery from

Transporter for the account of such Shipper;

 

(b) any losses to shrinkage of gas during or resulting from

transportation hereunder, and

 

(c) all other claims and demands arising out of Transporter's

performance of its duties hereunder.