Midwestern Gas Transmission Company

Third Revised Volume No. 1

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Effective Date: 01/01/2002, Docket: RP02- 72-000, Status: Effective

Original Sheet No. 243 Original Sheet No. 243 : Effective

 

 

GENERAL TERMS AND CONDITIONS

 

 

10. EXCUSE OF PERFORMANCE

 

10.1 Relief from Liability

 

Neither Company nor Shipper shall be liable in damages to the other for any

act, omission or circumstances occasioned by or in consequence of any

(i) maintenance, construction, tests, rehabilitation, repairs on pipeline or

(ii) force majeure events, including acts of God, strikes, lockouts or other

industrial disturbances, controversies with landowners, acts of the public

enemy or terrorists, wars, blockades, insurrections, riots, epidemics,

landslides, lightning, earthquakes, fires, storms, floods, tropical storms or

hurricanes, washouts, arrests or restraints of rulers and peoples, civil

disturbances, explosions, breakage or accident to machinery or lines of pipe,

line freeze-ups, temporary failure of gas supply that was contracted on a firm

basis, partial or total failure or unavailability of capacity that was

contracted on a firm basis, inability to obtain or unavoidable delay in

obtaining materials, supplies, equipment, permits or labor to perform or comply

with any obligations or conditions of an agreement, inability to obtain access

to right-of-way, the binding order of any court or governmental authority that

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 to the gas service agreement between Company and Shipper or some person

or concern not a party thereto, 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 Liabilities Not Relieved

 

Such causes or contingencies affecting the performance of said gas

transportation contract 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 relieve either party of liability unless such party shall give

notice and full particulars of the same in writing or by telegraph to the other

party as soon as possible after the occurrence relied on. The inability to

obtain and resell gas supply at a profit shall not relieve a party of

liability. Nothing contained herein shall be construed to require either party

to settle or prevent a strike or other controversy with employees or with

anyone purporting or seeking to represent employees or a controversy with a

landowner.