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.