Tennessee Gas Pipeline Company

FIFTH REVISED VOLUME NO. 1

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Effective Date: 05/01/2000, Docket: RP00- 229-000, Status: Effective

Third Revised Sheet No. 363 Third Revised Sheet No. 363 : Effective

Superseding: Second Revised Sheet No. 363

 

 

GENERAL TERMS AND CONDITIONS (continued)

 

 

the binding order of any court or governmental authority which has been resisted

in good faith by all reasonable legal means. Nor shall Transporter or Shipper be

liable in damages to the other for any act, omission or circumstances occasioned

by or in consequence of any other cause, whether of the kind herein enumerated, or

otherwise, which, by the exercise of due diligence, such party is unable to prevent

or overcome. Transporter or Shipper (1) shall exercise reasonable diligence to

schedule maintenance so as to minimize or avoid service interruptions and (2) shall

not schedule routine, non-emergency maintenance except during the period between

May 1 and November 1, which action shall not be an excuse of performance or event

as defined under this section. No later than fifteen days prior to the scheduled

activity, Transporter will post on PASSKEY a tentative schedule of planned

maintenance, construction, test, rehabilitation or repair activities to be

performed which Transporter anticipates may cause Transporter to fail to tender

delivery of Shipper's scheduled quantities of gas. The schedule will include the

dates the activities are scheduled to begin and end as well as the portions of the

system and capacity expected to be affected. Transporter will endeavor to perform

the activities in accordance with the posted schedule.

 

2. Liabilities not relieved: Such causes or contingencies affecting the performance

of a gas sales, transportation or storage contract by either party, as defined in

Section 1 shall not relieve such party of liability in the event of its failure to

use due diligence to remedy the situation and remove the causes or contingencies

affecting the performance of said contract, nor shall such causes or contingencies

relieve either party from its obligations to make payments of amounts then due

thereunder, 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 telegraph to the other party as soon as possible after the occurrence

relied on. The inability to obtain and resell gas supply at a profit shall not

relieve either party of contractual obligations. Nothing contained herein shall

be construed to require either party to settle or prevent a strike or other

controversy with employees or with anyone purporting or seeking to represent

employees or a controversy with a landowner.

 

3. Limitation on Liability: Any limitations on Transporter's liability contained in

the Sub-Licensing Agreement provided to a Shipper or a Balancing Agreement holder

in connection with service pursuant to the PASSKEY License Agreement shall be

subordinate to the liability provisions contained in this Article X of

Transporter's General Terms and Conditions.