Nora Transmission Company
First Revised Volume No. 1
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Effective Date: 04/01/1994, Docket: CP93-568-002, Status: Effective
Original Sheet No. 133 Original Sheet No. 133 : Superseded
GENERAL TERMS AND CONDITIONS (Continued)
15. FORCE MAJEURE
Neither Pipeline nor Customer shall be liable in damages to the other
for any act, omission or circumstance occasioned by or in consequence
of any acts of God, strikes, lockouts, acts of the public enemy, wars,
blockades, insurrections, riots, epidemics, landslides, lightening,
earthquakes, fires, storms, floods, washouts, arrests and restraints
of rulers and peoples, civil disturbances, explosions, breakage or
accident to machinery or lines of pipe; curtailments or interruptions
of gas service which may be required, on notice by Pipeline to
Customer, under any regulation or order of, or any rule filed with and
accepted by, any regulatory body having jurisdiction; any other
binding order which has been resisted in good faith by all reasonable
legal means; and any other cause, whether of the kind enumerated or
otherwise, not reasonably within the control of the party claiming
suspension and which by the exercise of due diligence such party is
unable to prevent or overcome. Failure to prevent or settle any
strike or strikes against the Pipeline or the Customer shall not be
considered a matter within the control of the party claiming
suspension. Such causes or contingencies affecting the performance
under the Service Agreement by either Pipeline or Customer, however,
shall not relieve it of liability in the event of its concurrent
negligence or in the event of its failure to use due diligence to
remedy the situation and to remove the cause in an adequate manner and
with all reasonable dispatch, nor shall such causes or contingencies
affecting such performance relieve either party from its obligations
to make payment of amounts then due hereunder in respect of gas
theretofore delivered. Failure or interruption of transportation of
gas either upstream or downstream of Pipeline's system shall not
constitute a force majeure event for purposes of Customer's
responsibility to pay the reservation charges otherwise owing under
Pipeline's transportation rate schedules.
During the effectiveness of any operational flow order, the obligation
of Pipeline to deliver the quantity of gas received for Customer's
account shall be reduced by the quantities retained pursuant to this
section. Gas retained by Pipeline under an operational flow order may
be utilized to meet demands for compressor fuel, to replace lost gas,
or to replace line pack reduced due to unscheduled maintenance, or for
other similar uses.
The volumes of gas retained by Pipeline under an operational flow
order which otherwise would have been delivered to a customer will be
offset against the imbalance of over-deliveries to that customer in
subsequent months until the volume is reduced to zero. In addition,
no imbalance, scheduling, or other penalty will be assessed against a
customer whose imbalance is attributable to an operational flow order
pursuant to this section.