Gulf South Pipeline Company L P

Sixth Revised Volume No. 1

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Effective Date: 12/31/2000, Docket: GT01- 6-000, Status: Effective

Original Sheet No. 2008 Original Sheet No. 2008 : Superseded

 

GENERAL TERMS AND CONDITIONS

Section 13

(Continued)

 

 

13.5 System Maintenance and Liability - Curtailment or allocation of

firm services undertaken by Gulf South pursuant to Section 13

shall be without liability to Gulf South where such curtailment or

allocation of services arises due to routine repair and

maintenance of Gulf South's facilities or equipment or in the

absence of a showing that Gulf South caused such curtailment or

allocation due to its negligence, bad faith, fault or willful

misconduct. Gulf South shall provide information on a best

efforts basis relating to alternative means of moving Customer's

gas. For purposes hereof, Gulf South shall not be deemed to have

been negligent or at fault in bringing about curtailment or

allocation of services unless Gulf South is shown to have caused

such curtailment or allocation of services by its action or

failure to act at a time when such curtailment or allocation of

services was reasonably foreseeable and avoidable by Gulf South.

For further purposes hereof, routine repair and maintenance shall

include overhaul, replacement, realignment or construction of any

of Gulf South's facilities or equipment. Gulf South shall

endeavor to coordinate such routine repair and maintenance with

Customers and in the event of a scheduled outage, Gulf South shall

give such notice to its customers as may be reasonably practical

under the circumstances. Customer shall release Gulf South from

all liability in connection with all claims, causes of action,

losses, and damages which Customer may suffer, sustain or be

liable as a result of the implementation of the curtailment

provisions of this Section. Gulf South shall not be liable for

granting any exemption to the curtailment provisions pursuant to

the priority use and emergency relief provisions of Section 13.3

to the extent that such exemption was granted based upon a sworn

affidavit submitted by Customer.