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.