Viking Gas Transmission Company

First Revised Volume No. 1

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Effective Date: 07/01/2004, Docket: RP04-306-000, Status: Effective

Second Revised Sheet No. 60 Second Revised Sheet No. 60 : Effective

Superseding: First Revised Sheet No. 60

 

GENERAL TERMS AND CONDITIONS

 

 

10. EXCUSE OF PERFORMANCE

 

10.1 Relief From Liability

 

Neither Company nor Shipper shall be liable in damages to the other for any

act, omission or circumstances occasioned by or in consequence of any

(1) maintenance, construction, tests, rehabilitation and repairs on pipelines,

or (2) force majeure events, including any acts of God, strikes, lockouts or

other industrial disturbances, acts of the public enemy, wars, blockades,

military action, insurrections, riots, epidemics, landslides, lightning,

earthquakes, fires, storms or storm warnings, crevasses, floods, washouts,

arrests and restraints of rulers and peoples, civil disturbances, explosions,

breakage or accident to machinery or lines of pipe, the necessity for testing

or making repairs or alterations to machinery or lines of pipe, freezing of

wells or lines of pipe, inability of either Shipper or Company to obtain

necessary materials, supplies or permits due to existing or future rules,

regulations, orders, laws or proclamations of the governmental authorities

(federal, state and local), including both civil and military, temporary

failure of gas supply, the binding order of any court or governmental authority

which has been resisted in good faith by all reasonable legal means, and any

other cause, whether of the kind herein enumerated or otherwise, and whether

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

of the parties to the Transportation Agreement or some person or concern not a

party thereto, not within the control of the party claiming suspension, 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

suspension. Company or Shipper shall exercise reasonable diligence to

(i) schedule maintenance so as to minimize or avoid service interruptions, and

(ii) not schedule routine, non-emergency maintenance during periods of peak

demand.

 

10.2 Liabilities Not Relieved

 

Such causes or contingencies affecting the performance of the Transportation

Agreement by either party, as defined in Subsection 10.1 of these General Terms

and Conditions, however, shall not relieve it of liability in the event of its

failure to use due diligence to remedy the situation and remove the causes or

contingencies affecting the performance of such Agreement, nor shall such

causes or contingencies affecting the performance of said contract relieve

either party from its obligations to make payments of amounts then due

thereunder, nor shall such causes or contingencies relieve either party of

liability unless such party shall give notice and full particulars of the same

in writing or by telegraph to the other party as soon as possible after the

occurrence relied on.

 

10.3 Termination of Transportation Agreement

 

If either Company or Shipper shall fail to perform any of the covenants or

obligations imposed upon it by the Transportation Agreement, subject to the

applicable provisions of this Tariff, then in such event the other party

may at its option terminate such Agreement by proceeding as follows: the

party not in default shall cause a written notice to be served on the party

in default stating specifically the cause for terminating the contract and

declaring it to be the intention of the party giving the notice to

terminate the same; thereupon the party in default shall have thirty Gas

Days after the service of the aforesaid notice in which to remedy or remove

the cause or causes stated in the notice for terminating the Transportation

Agreement, and if within said period of thirty days the party in default