Millennium Pipeline Company, L. L. C.

Original Volume No. 1

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Effective Date: 07/01/2009, Docket: RP09-633-000, Status: Effective

First Revised Sheet No. 196 First Revised Sheet No. 196

Superseding: Original Sheet No. 196

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

15. FORCE MAJEURE

 

15.1 Defined. Neither Transporter nor Shipper shall be liable to the other

for any damages occurring because of force majeure. The term force majeure

means an event that creates an inability to serve that could not be prevented

or overcome by the due diligence of the party claiming force majeure. Such

events include, but are not defined by or limited to, acts of God, strikes,

lockouts, acts of a public enemy, acts of sabotage, wars, blockades,

insurrections, riots, epidemics, landslides, earthquakes, fires, hurricanes,

storms, tornadoes, floods, washouts, civil disturbances, explosions,

accidents, freezing of wells or pipelines, partial or entire electronic

failure (including the failure of the EBB and the EBB backup plan, or the

failure of SCADA or electronic measurement equipment), mechanical or physical

failure that affects the ability to transport gas, or the binding order of

any court, legislative body, or governmental authority which has been

resisted in good faith by all reasonable legal means. Failure to prevent or

settle any strike or strikes shall not be considered to be a matter within

the control of the party claiming suspension.

 

15.2 In Operation. Such causes or contingencies affecting the performance

hereunder by either Transporter or Shipper, 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 to remove the cause

in an adequate manner and with all reasonable dispatch, nor shall such causes

or contingencies affecting such performance relieve either party from meeting

all payment obligations.

 

15.3 Reservation Charge Credits. Transporter shall provide reservation

charge credits to Rate Schedule FT-1, FT-2, HT-1 and BH-1 shippers when it

is unable to schedule such Shippers' nominated and confirmed volumes due to

force majeure, subject to the following conditions:

 

(a) Reservation charge credits shall not be applicable:

 

(i) When a Shipper fails to properly nominate or confirm

pursuant to the scheduling timeline of Section 6 of Transporter's

General Terms and Conditions ("GT&C") and the other scheduling

provisions of the Tariff; underdelivers gas to Transporter and

adversely affects system integrity pursuant to Section 19 of the

GT&C; fails to deliver gas that conforms to the quality

specifications detailed in Section 25 of the GT&C; or does not

comply with Critical Day operating conditions pursuant to Section 19

of the GT&C.