Transcontinental Gas Pipe Line Company, LLC

Fourth Revised Volume No. 1

 Contents / Previous / Next / Main Tariff Index

 

 

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.