Transcontinental Gas Pipe Line Company, LLC
Fourth Revised Volume No. 1
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Effective Date: 07/12/2009, Docket: RP09-763-000, Status: Effective
First Revised Sheet No. 349 First Revised Sheet No. 349
Superseding: Original Sheet No. 349
GENERAL TERMS AND CONDITIONS
(Continued)
11. FORCE MAJEURE PROVISION AND CONTRACT ENTITLEMENTS
11.1 Definition of Force Majeure and Operating Conditions
The term force majeure as employed herein shall mean acts of God, strikes, lockouts or
other industrial disturbances, acts of the public enemy or terrorists, wars,
blockades, insurrections, riots, epidemics, landslides, lightning, earthquakes, fires,
storms, floods, washouts, arrests, the order of any court or government authority
having jurisdiction while the same is in force and effect, civil disturbances,
explosions, breakage, accidents to machinery or lines of pipe, freezing of or damage
to wells or delivery facilities, National Weather Service warnings or advisories,
whether official or unofficial, that result in the evacuation of facilities or
platforms, well blowouts, inability to obtain or unavoidable delay in obtaining
material, equipment, and any other cause whether of the kind herein enumerated or
otherwise, not reasonably within the control of the party claiming suspension and
which by the exercise of due diligence such party is unable to prevent or overcome.
The term operating conditions as employed herein shall mean the necessity to make
modifications, tests, or repairs to Seller's pipeline system. Seller shall exercise
reasonable diligence to schedule maintenance so as to minimize disruptions of service
to Buyers and shall provide reasonable notice of the same. Operating conditions shall
not include routine maintenance during normal periods of peak demand, where such
maintenance was required due to Seller's negligence, willful actions or failure to
act.
In the event of either party being rendered unable, wholly or in part, by force
majeure or operating conditions to carry out its obligations other than the obligation
to make payment of amounts accrued and due at the time thereof, it is agreed that on
such party's giving notice and full particulars of such force majeure in writing, by
e-mail or by telecopy to the other party within a reasonable time after the occurrence
of the cause relied on, the obligations of both parties, so far as they are affected
by such force majeure, shall be suspended during the continuance of any inability so
caused, but for no longer period, and such cause shall so far as possible be remedied
with all reasonable dispatch.
Neither party shall be liable in damages to the other for any act, omission or
circumstance occasioned by, or in consequence of, force majeure or operating
conditions, as herein defined; provided, however, that the overrun provisions of
Section 18 of this tariff and the Buyer's and Seller's Responsibilities detailed in
Rate Schedules FT, FTN, FT-G and SS-1 Section 7(c) Transportation Service shall apply
during force majeure and operating conditions.
Such causes or contingencies affecting the performance by either party, however, shall
not relieve it of liability unless such party shall give notice and full particulars
of such cause or contingency in writing or by e-mail or by telecopy to the other party
within a reasonable time after the occurrence relied upon, nor shall such causes or
contingencies affecting the performance by either party relieve it of liability in the
event of its failure to use due diligence to remedy the situation and remove the cause
with all reasonable dispatch, nor shall such causes or transportation contingencies
affecting the performance relieve Buyer from its obligations to make payments of
amounts then due in respect of natural gas theretofore delivered.