Transwestern Pipeline Company, LLC

Third Revised Volume No. 1

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Effective Date: 04/01/2008, Docket: RP08-232-000, Status: Effective

Fourth Revised Sheet No. 117 Fourth Revised Sheet No. 117 : Effective

Superseding: Third Revised Sheet No. 117

 

GENERAL TERMS AND CONDITIONS

(continued)

 

with employees or with anyone purporting or seeking to represent employees shall not be

considered to be a matter within the control of the party claiming suspension.

 

11.2 Liabilities Not Relieved

 

Neither Shipper nor Transporter shall be relieved from liability in the event of its concurring

negligence or failure on its part to use due diligence to remedy the force majeure and remove

the cause with all reasonable dispatch nor shall such causes or contingencies affecting

performance of the Service Agreement relieve either party from its obligations to make payments

then due for its gas theretofore delivered.

 

11.3 Relief from Demand Charge Adjustment Where Curtailment of Deliveries on Transporter's System is

Due to Compliance with Directives of Governmental Agencies

 

Whenever in order to comply with orders or directives of duly constituted authorities,

including, but not limited to, the Department of Transportation and the Federal Energy

Regulatory Commission, or its successor or agency, Transporter must curtail deliveries to

Shipper and is unable to deliver to Shipper the quantities of gas which Transporter is then

obligated to deliver to Shipper under a firm Service Agreement, Transporter shall not be

obligated to reduce Shipper's demand charge, if any, under the demand charge adjustment

provisions of any of Transporter's Rate Schedules, notwithstanding anything in such provisions

to the contrary, nor shall Transporter 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.

 

11.4 Pro-ration of Impaired Deliveries Due to Capacity Shortage on Transporter's System

 

Interruptible transportation service provided by Transporter shall be (i) interrupted

or curtailed for reasons of force majeure or when necessary in Transporter's sole

opinion and judgment to meet its system operational requirements or its ability to meet

its obligations under firm transportation agreements, or (ii) interrupted or

curtailed due to any other operational considerations to be determined in the

reasonable discretion of Transporter.

 

If at any time Transporter does not have sufficient capacity available for reasons of

force majeure or due to any other operational considerations to be reasonably

determined by Transporter, to enable Transporter to deliver to Shippers under all of

Transporter's Rate Schedules the quantities of gas which Shippers may then require up

to the quantities of gas Transporter has then scheduled to deliver to Shippers, then

deliveries to such Shippers shall be curtailed in accordance with the following

priorities of service:

 

1) Overrun transportation quantities and interruptible transportation quantities

nominated in excess of contract quantities and scheduled pursuant to Section 22 of

these General Terms and Conditions -- based on lowest price;

 

2) Firm transportation quantities -- on a pro rata basis, based on scheduled

quantities.