Midwestern Gas Transmission Company

SECOND REVISED VOLUME NO. 1

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

Original Sheet No. 78 Original Sheet No. 78 : Effective

 

 

 

GENERAL TERMS AND CONDITIONS

 

 

parties to the gas service agreement between Transporter 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.

 

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.

 

3. Termination of Agreements: If either Transporter or Shipper shall fail to

perform a material covenant or obligation imposed upon it by the gas service

agreement, subject to the applicable provisions of this Tariff, then in such

event the other party may at its option terminate said agreement by proceeding

as follows: the party not in default shall cause a written notice to be served

on the party in default stating specifically the cause for terminating the

contract and declaring it to be the intention of the party giving the notice to

terminate the same; thereupon, the party in default shall have thirty days after

the service of the aforesaid notice in which to remedy or remove the cause or

causes stated in the notice of terminating the agreement, and if within said

period of thirty days the party in default does so remove and remedy said cause

or causes and fully indemnify the party not in fault for any and all

consequences of such breach, then such notice shall be withdrawn and the

agreement shall continue in full force and effect. In case the party in default

does not so remedy and remove the cause or causes or does not indemnify the

party giving the notice for any and all consequences of such breach within said

period of thirty days, the agreement shall terminate; provided, however, that

Transporter may not terminate the agreement until it has