Tuscarora Gas Transmission Company

First Revised Volume No. 1

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Effective Date: 04/01/2009, Docket: RP09-08-000, Status: Effective

Original Sheet No. 121 Original Sheet No. 121

 

GENERAL TERMS AND CONDITIONS

 

19. LIABILITY AND REMEDIES (continued)

 

19.1 Relief From Liability. (continued)

 

(a) (continued)

 

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 Section

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.