Maritimes & Northeast Pipeline, L.L.C.

First Revised Volume No. 1

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Effective Date: 01/17/2010, Docket: RP10-244-000, Status: Effective

First Revised Sheet No. 303 First Revised Sheet No. 303

Superseding: Original Sheet No. 303

 

GENERAL TERMS AND CONDITIONS

(continued)

 

26. FORCE MAJEURE (continued)

 

26.3 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.

 

26.4 Compliance with Directives of Governmental Agencies.

 

Whenever in order to comply with orders, directives or

regulations of duly constituted state, local or federal

authorities, including, but not limited to, the Department

of Transportation, the Federal Energy Regulatory

Commission, and the Environmental Protection Agency, as a

result of orders, directives or regulations of Canadian

authorities, including, without limitation, the NEB,

Pipeline must curtail deliveries to Customer and is unable

to deliver to Customer the quantities of gas which

Customer may then require up to the quantities of gas

Pipeline is then obligated to deliver to Customer,

Pipeline shall not be liable in damages or otherwise to

Customer or any other person or entity for any such

failure to deliver such quantities of gas to Customer

except to the extent the orders or directives were issued

as a result of gross negligence, undue discrimination or

willful misconduct or failure to exercise due diligence on

the part of Pipeline.

 

26.5 Effect of Interconnecting Operations.

 

In the event that any upstream entity, including, without

limitation, Maritimes & Northeast Pipeline Limited

Partnership, involved in handling Customer's gas refuses

or is unable to deliver gas to Pipeline, Pipeline shall

not be required to continue deliveries of gas on behalf of

Customer to the extent of such refusal or inability to

deliver gas to Pipeline. In the event that