Panther Interstate Pipeline Energy, L.L.C.

Original Volume No. 1

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Effective Date: 02/01/2004, Docket: CP03-338-001, Status: Effective

Original Sheet No. 50 Original Sheet No. 50 : Effective

 

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 transportation 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.

 

15.2 Liabilities Not Relieved: Such causes or contingencies affecting

the performance of said transportation service agreement by either

party, however, shall not relieve it of liability in the event of

its contributory 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 its obligations to

meet the quality standards set forth in these General Terms and

Conditions, nor shall such causes or contingencies affecting the

performance of said transportation service agreement relieve

either party from its obligations to make payments of demand

charges or other amounts under the applicable transportation

service agreement, 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 fax to the other

party as soon as possible after the occurrence relied on.

 

16. NOTICES AND COMMUNICATIONS

 

Except when these General Terms and Conditions require it to give notice

through its Internet web site, any communication, notice, request,

demand, statement or bill provided for in this Tariff or in a

transportation service agreement, or any notice that either Transporter

or Shipper may desire to give to the other, shall be in writing and

shall be considered as duly presented, rendered or delivered when

delivered by facsimile, or when sent by electronic medium or such other

method mutually agreed upon between the parties, at such address as that

party may designate. More specifically, the method of communication

shall be as follows for the items designated: