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.