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Original Sheet No.144 Original Sheet No.144 : Superseded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