Scg Pipeline Inc.

Original Volume No. 1

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Effective Date: 11/01/2003, Docket: RP03-611-000, Status: Effective

Original Sheet No.144 Original Sheet No.144 : Superseded

 

 

GENERAL TERMS AND CONDITIONS

(continued)

 

 

20.2 Prior to a termination for default, Pipeline may suspend service to any

Shipper who fails to comply with the GT&Cs, the applicable Rate Schedule, or

Shipper's Service Agreement. Pipeline's failure to invoke its right to

terminate an agreement for default shall not be construed as a waiver of

Pipeline's right to terminate service during any other period when Shipper is

in violation of the terms of this tariff or of Shipper's Service Agreement.

 

 

21. FORCE MAJEURE AND LIMITATION ON OBLIGATION TO PROVIDE SERVICE

 

21.1 Relief from Liability. Neither party shall be liable in damages to the

other in the event of force majeure. Force majeure is defined to mean any

act, omission or circumstance, whether foreseeable or not, occasioned by or in

consequence of any acts of God, strikes, lockouts, acts of the public enemy or

terrorism, wars, blockades, insurrections, riots, epidemics, landslides, land

subsidence, lightning, earthquakes, hurricanes, fires, storms, floods,

washouts, and evacuation due to the threat of any of the foregoing arrests and

restraints of rules and people, civil disturbances, explosions, breakage or

accident to machinery or lines of pipe, line freezeups, the binding order of

any court or governmental authority which has been resisted in good faith by

all reasonable legal means, and any other cause, whether of the kind herein

enumerated, or otherwise, not within the control of the party claiming

suspension and which by the exercise of Good Utility Practice, reasonable care

and due diligence such party is unable to prevent or overcome. An event of

force majeure shall not include lack of finances, the price or loss of fuel

supply or energy produced, or lack of markets.

 

Good Utility Practice means any of the practices, methods, and acts engaged in

or approved by a significant portion of the natural gas and electric power

industries during the relevant time period, or any of the practices, methods,

and acts which, in the exercise of reasonable judgment in the light of the

facts known at the time the decision was made, could have been expected to

accomplish the desired result at a reasonable cost consistent with good

business practices, reliability, safety, and expedition. Good Utility

Practice does not require use of the optimum practice, method, or act, but

only requires use of practices, methods, or acts generally accepted in the

region where the Pipeline's facilities are located.