U S G Pipeline Company

ORIGINAL VOLUME NO. 1

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Effective Date: 04/01/2000, Docket: CP99-211-001, Status: Effective

Original Sheet No. 65 Original Sheet No. 65 : Effective

 

GENERAL TERMS AND CONDITIONS

 

15. EXCUSE OF PERFORMANCE AND REMEDIES

 

15.1 Relief from liability: Neither Transporter nor Shipper shall be

liable in damages to the other for any act, omission or circumstances

occasioned by or in consequence of 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, explosions, breakage or accident to machinery or lines of

pipe, the necessity for testing, rehabilitating or making repairs or

alterations to machinery or lines of pipe, freezing of wells or lines

of pipe, inability of either Shipper or Transporter to obtain

necessary materials, supplies, equipment or permits, labor required

to comply with any obligations or conditions of an agreement,

inability to obtain access to rights-of-way, the binding order of any

court or governmental authority that 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 gas service contract between Transporter and

Shipper 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.

Transporter and Shipper shall schedule routine maintenance in a

manner that minimizes service interruptions and shall not schedule

routine maintenance during periods of peak demand. Any routine

maintenance that is scheduled during a period of peak demand shall

not be considered an event of force majeure hereunder. 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.