Wyoming Interstate Company, Ltd.

Second Revised Volume No. 2

 Contents / Previous / Next / Main Tariff Index

 

 

Effective Date: 04/12/2010, Docket: RP10-491-000, Status: Effective

Fourth Revised Sheet No. 77 Fourth Revised Sheet No. 77

Superseding: Third Revised Sheet No. 77

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

11. SYSTEM OPERATIONAL PARAMETERS (Continued)

 

11.1 Operational Flow Orders

 

(g) Liability. Transporter shall not be liable for any costs

incurred by any Shipper in complying with an OFO

(including, but not limited to, increased Gas supply

costs), in the absence of negligence or undue

discrimination by Transporter evaluated in light of the

emergency conditions under which the OFO was issued.

Transporter shall not be responsible for any damages

(direct or consequential) that result from any reduction in

Deliveries that are occasioned by any Shipper's failure to

comply promptly and fully with an OFO. The failure of any

Shipper to comply in a timely manner with an OFO may, but

will not necessarily, subject such Shipper to liability for

other Shippers whose service may be adversely affected.

 

Notwithstanding the above, a Shipper who fails to comply in

a timely fashion with an OFO shall hold Transporter

harmless and shall indemnify Transporter for any liability

which may result from or arise out of damages sustained by

any other party or person due to the failure to comply.

 

Shipper shall not incur any charges or penalties if such

charges or penalties would not have been incurred but for

Shipper's compliance with an OFO.

 

11.2 Force Majeure

 

(a) Force Majeure. If by reason of an event of force majeure

either Transporter or Shipper is rendered unable, wholly

or in part, to perform its obligations under an Agreement

incorporating these General Terms and Conditions, other

than to make payments when due, and if such Party gives

notice of such event within twenty-four hours and provides

full particulars of such event in writing or by electronic

communication (other than telephone) after the occurrence

of an event of force majeure, nonperformance of the Party

giving such notice shall be excused during the continuance

of such event and to the extent its performance is

affected by such event. The Party claiming force majeure

shall use due diligence to remedy its nonperformance with

all reasonable dispatch, including the making of provision

for such alternate performance as may be economical and

practical.