Gas Transmission Northwest Corp.

Third Revised Volume No. 1-A

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Effective Date: 10/06/2003, Docket: RP04- 23-000, Status: Effective

Original Sheet No. 120 Original Sheet No. 120 : Effective

 

TRANSPORTATION GENERAL TERMS AND CONDITIONS

(Continued)

 

10. FORCE MAJEURE

 

10.1 If either party shall fail to perform any obligation imposed upon

it by these Transportation General Terms and Conditions or by an

executed Transportation Service Agreement, and such failure shall

be caused, or materially contributed to, by force majeure which

means any acts of God, strikes, lockouts, or other industrial

disturbances, acts of public enemies, sabotage, wars, blockades,

insurrections, riots, epidemics, landslides, lightning,

earthquakes, floods, storms, fires, washouts, extreme cold or

freezing weather, arrests and restraints of rulers and people,

civil disturbances, explosions, breakage of or accident to

machinery or lines of pipe, hydrate obstructions of lines of pipe,

inability to obtain pipe, materials or equipment, legislative,

administrative or judicial action which has been resisted in good

faith by all reasonable legal means, any acts, omissions or causes

whether of the kind herein enumerated or otherwise not reasonably

within the control of the party invoking this paragraph and which

by the exercise of due diligence such party could not have

prevented, the necessity for making repairs to, replacing, or

reconditioning machinery, equipment, or pipelines not resulting

from the fault or negligence of the party invoking this paragraph,

such failure shall be deemed not to be a breach of the obligation

of such party, but such party shall use reasonable diligence to put

itself in a position to carry out its obligations. Nothing

contained herein shall be construed to require either party to

settle a strike or lockout by acceding against its judgment to the

demands of the opposing parties.

 

10.2 No such cause as described in Paragraph 10.1 affecting the

performance of either party shall continue to relieve such party

from its obligation after the expiration of a reasonable period of

time within which by the use of due diligence such party could have

remedied the situation preventing its performance, nor shall any

such cause relieve either party from any obligation unless such

party shall give notice thereof in writing to the other party with

reasonable promptness; and like notice shall be given upon

termination of such cause.

 

10.3 No cause whatsoever, including without limitation the failure of

GTN to perform including the causes specified in Paragraph 10.1,

shall relieve Shipper from its obligations to make payments due,

including the payments of reservation charges for the duration of

such cause except as provided for in Paragraphs 3.10 and 3.11 of

Rate Schedule FTS-1.