Tuscarora Gas Transmission Company

First Revised Volume No. 1

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Effective Date: 04/30/2010, Docket: RP10-552-000, Status: Effective

First Revised Sheet No. 120 First Revised Sheet No. 120

Superseding: Original Sheet No. 120

 

GENERAL TERMS AND CONDITIONS

 

17. OTHER OPERATING CONDITIONS (continued)

 

17.4 Shipper to Comply With All Terms. Transporter shall not be required

to render transportation service on behalf of any Shipper which on any

day fails to comply with any or all of the terms of the Transportation

Service Agreement(s) between Transporter and Shipper.

 

17.5 Complaint Resolution. Transporter will attempt to resolve any

complaints by Shippers or potential Shippers without the necessity of

a written complaint. To this end, Shippers are encouraged to attempt

to resolve disputes informally with their designated service

representatives.

 

A formal complaint concerning any transportation services offered by

Transporter must specifically state that it is a complaint under the

Marketing affiliate rules and should be directed in writing to:

 

Tuscarora Gas Transmission Company

717 Texas Street, Suite 2400

Houston, Texas 77002-2761

Attention: Director, Commercial Services

 

Transporter will respond initially within 48 hours and in writing

within 30 days to complaints by shippers and potential shippers.

 

18. DISCRETIONARY WAIVER

 

Transporter may waive any of its rights hereunder or any obligations of

Shipper on a basis that is not unduly discriminatory.

 

19. LIABILITY AND REMEDIES

 

19.1 Relief From Liability.

 

(a) Neither Transporter nor Shipper shall be liable in damages to

the other for any act, omission or circumstances occasioned by or in

consequence of any event constituting force majeure and, except as

otherwise provided in Section 19.2, the obligations of Transporter and

Shipper shall be excused during the period thereof to the extent affected

by such events of force majeure. The term "force majeure" shall mean

acts of God, strikes, lockouts, acts of the public enemy, wars,

blockades, insurrections, riots, epidemics, landslides, lightning,

earthquakes, fires, storms, floods, washouts, arrests and restraints of

rulers and peoples, civil disturbances, explosions, breakage or accident

to pipeline facilities, the binding order of any court or governmental

authority which has been resisted in good faith by all reasonable legal

means, and any cause, whether of the kind herein enumerated, or

otherwise, and whether caused or