Kinder Morgan Interstate Gas Transmission LLC

Second Revised Volume No. 1-D

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Effective Date: 12/28/1999, Docket: GT00- 19-000, Status: Effective

Original Sheet No. 22 Original Sheet No. 22 : Effective

 

 

 

GENERAL TERMS AND CONDITIONS FOR SERVICES - continued

 

 

16. LIMITATIONS ON OBLIGATIONS

 

16.1 FORCE MAJEURE

 

a. It is expressly agreed that Transporter shall not be liable

on any account whatsoever to Shipper for any failure,

interruption or diminution in delivery of gas or any act,

omission or circumstance occasioned by or in consequence of

accident to or breakage of pipelines, equipment or

machinery, explosions, landslides, earthquakes, fires,

lightning, floods, washouts, freezing, storms, the elements,

the making of repairs, alterations or replacements,

scheduled maintenance, strikes, lockouts or other industrial

disturbances, riots, insurrections, civil disturbances,

pestilence, acts of God or the public enemy, war, legal

interferences, orders or requirements of any court of

competent authority, depletion or destruction of gas wells

or fields, diminution or failure of, or interference,

partial or entire, with Transporter's pipeline system, or,

and without limitation by the foregoing, any other causes

beyond reasonable control of Transporter.

 

b. Shipper shall not be liable to Transporter for any failure

to accept natural gas when occasioned by or in consequence

of accident or breakage of pipelines, equipment or

machinery, explosions, fires, floods, freezing, storms,

landslides, washouts, strikes, industrial disturbances,

legal interferences, orders or requirements of competent

authority, acts of God or the public enemy, or, and, without

limitation by the foregoing, any other cause beyond

reasonable control of Shipper. Any such cause or

contingency, however, exempting Shipper from liability for

non-performance (excepting where prevented by valid orders

or requirements of Federal, State or other governmental

regulatory bodies having jurisdiction in the premises) shall

not relieve Shipper of its obligation to pay demand charges

or reservation charges in accordance with the provisions of

the applicable Rate Schedule.