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
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