Tuscarora Gas Transmission Company

Original Volume No. 1

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Effective Date: 08/31/2007, Docket: RP07-482-001, Status: Effective

First Revised Sheet No. 64 First Revised Sheet No. 64 : Pending

Superseding: Original Sheet No. 64

GENERAL TERMS AND CONDITIONS

 

occasioned by or happening on account of the act or omission of one

of the parties to the Transportation Service Agreement between

Transporter and Shipper or some person or concern not a party

thereto, which is not within the control of the party claiming excuse

and which by the exercise of due diligence such party is unable to

prevent or overcome. A failure to settle or prevent any strike or

other controversy 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 excuse. Under no circumstances

will lack of finances be construed to constitute force majeure.

 

(b) Transporter shall not be liable in damages to Shipper for any

interruption, curtailment, impairment or reduction in service due to

routine scheduled maintenance, maintenance required by applicable

regulations or good engineering practice, or construction pursuant

to a certificate of public convenience and necessity duly issued by

the Commission, provided that Transporter shall provide Shipper as

much notice as practical in advance of such interruption,

curtailment, impairment or reduction in service, and provided that

Transporter shall exercise reasonable efforts to schedule such

maintenance or construction so as to minimize the impact on all

Shippers taken as a group.

 

19.2 Reservation Charge Credit (Force Majeure): As used in this

Paragraph 19.2, Firm Daily Volume shall mean the volume of gas which

Transporter is obligated to deliver on a firm basis at Shipper's firm

delivery point(s) on a Gas Day, based on confirmable nominations

for firm service within Shipper's Maximum Transportation Quantity. If,

due to an event of force majeure, Transporter is unable to deliver any

portion of Shipper's Firm Daily Volume for a period greater than

ten (10) consecutive days, then for each day beyond ten (10) days

that Transporter so fails to provide service the applicable

reservation charges including applicable reservation-based

surcharges shall not apply to the quantity of gas not delivered by

Transporter within the Shipper's Firm Daily Volume; provided, however,

that these charges shall not be eliminated to the extent that the

Shipper utilizes secondary point service.