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: