Midwestern Gas Transmission Company

SECOND REVISED VOLUME NO. 1

 Contents / Previous / Next / Main Tariff Index

 

 

Effective Date: 09/01/1993, Docket: RS92- 41-003, Status: Effective

Original Sheet No. 77 Original Sheet No. 77 : Effective

 

 

 

GENERAL TERMS AND CONDITIONS

 

 

or assessments that may be levied and assessed upon such delivery and that are by law

payable by and the obligation of the party making such delivery. If Shipper's title

or right to deliver gas to be transported is questioned or involved in any action,

Shipper shall not qualify for or shall be ineligible to continue to receive service

until such time as Shipper's title or right to deliver is free from question;

provided, however, Transporter shall allow Shipper to qualify for or continue

receiving service under this Tariff if Shipper furnishes a bond satisfactory to

Transporter. Title to the gas received by Transporter at the Receipt Point(s) shall

not pass to Transporter, except as provided in Transporter's LMS-MA and LMS-PA Rate

Schedules, and title to gas delivered for Transporter's system fuel and uses and gas

lost and unaccounted for shall pass to Transporter upon delivery at the Receipt

Point(s). To the extent Transporter sells gas to a Shipper or Balancing Party

pursuant to the cash out provisions in Rate Schedules LMS-MA or LMS-PA, Transporter

shall indemnify and hold Shipper or Balancing Party harmless from all suits, actions,

debts, accounts, damages, costs, losses and expenses arising from or out of any

adverse claims of any and all persons to said gas and/or royalties, taxes, license

fees, or charges thereon.

 

X. EXCUSE OF PERFORMANCE

 

1. Relief from Liability: Neither Transporter nor Shipper shall be liable in

damages to the other for any act, omission or circumstance occasioned by or in

consequence of any (1) maintenance, construction, tests, rehabilitation, repairs

on pipelines or (2) 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 and 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