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Original Sheet No.145 Original Sheet No.145 : Superseded

 

 

GENERAL TERMS AND CONDITIONS

(continued)

 

 

21.2 Liabilities not Relieved. Force majeure affecting performance by either

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

negligence or misconduct 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 affecting

performance relieve either party from its obligations to make payments of

amounts as provided in the applicable Rate Schedule. Shipper's obligation to

pay the applicable Reservation Rate shall be adjusted pursuant to GT&Cs

Section 10.9 for the failure of Pipeline to deliver gas to or on behalf of

Shipper.

 

21.3 Scheduling of Routine Maintenance. Pipeline shall have the right to

curtail, interrupt, or discontinue service in whole or in part on all or a

portion of its system from time to time to perform routine repair and

maintenance on Pipeline's system as necessary to maintain the operational

capability of Pipeline's system or to comply with applicable regulatory

requirements. Pipeline shall exercise due diligence to schedule routine

repair and maintenance so as to minimize disruptions of service to Shippers

and shall provide reasonable notice of the same to Shippers.

 

21.4 Compliance with Directives of Governmental Agencies. Whenever in order

to comply with orders, directives or regulations of duly constituted state,

local or federal authorities, including, but not limited to, the Commission,

the Department of Defense, the Department of Transportation, and the

Environmental Protection Agency, Pipeline must curtail deliveries to Shipper

and is unable to deliver to Shipper the quantities of gas which Shipper may

then require up to the quantities of gas Pipeline is then obligated to deliver

to Shipper, Pipeline shall not be liable in damages or otherwise to Shipper or

any other person or entity for any such failure to deliver such quantities of

gas to Shipper except to the extent the orders or directives were issued as a

result of gross negligence, undue discrimination or willful misconduct or

failure to exercise due diligence on the part of Pipeline.