Texas Eastern Transmission, L P

Seventh Revised Volume No. 1

 Contents / Previous / Next / Main Tariff Index

 

 

Effective Date: 03/14/2010, Docket: RP10-375-000, Status: Effective

Second Revised Sheet No. 634 Second Revised Sheet No. 634

Superseding: First Revised Sheet No. 634

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

 

17. FORCE MAJEURE

 

17.1 Relief from Liability

 

Neither party 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,

land subsidence, lightning, earthquakes, fires, storms, floods, washouts, arrests and

restraints of rulers and people, civil disturbances, explosions, breakage or accident

to machinery or lines of pipe, failure of third party transportation, the binding order

of any court or governmental authority which has been resisted in good faith by all

reasonable legal means, and any other cause, whether of the kind herein enumerated, or

otherwise, 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.

 

17.2 Liabilities not Relieved

 

Such causes or contingencies affecting performance by either party, however, shall not

relieve it of liability in the event of its concurring negligence or in the event of

its failure to use due diligence to remedy the situation and remove the cause in an

adequate manner and with all reasonable dispatch, nor shall such causes or

contingencies affecting performance relieve either party from its obligations to make

payments of amounts then due hereunder in respect of Gas theretofore delivered or as

provided in the applicable rate schedule.

 

17.3 Scheduling of Routine Maintenance

 

Pipeline shall have the right to curtail, interrupt, or discontinue service in whole or

in part on all or a portion of its system from time to time to perform routine repair

and maintenance on Pipeline's system as necessary to maintain the operational

capability of Pipeline's system or to comply with applicable regulatory requirements.

Pipeline shall exercise due diligence to schedule routine repair and maintenance so as

to minimize disruptions of service to Customers and shall provide reasonable notice of

the same to Customers.