Ngo Transmission, Inc.

Original Volume No. 1

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Effective Date: 11/22/2003, Docket: RP04- 67-000, Status: Effective

Original Sheet No. 103 Original Sheet No. 103 : Effective

 

14. PRESSURES AND AVAILABILITY OF DELIVERY POINTS

 

Unless otherwise agreed between Transporter and Shipper, Shipper shall

deliver gas to Transporter at the pressure required from time to time to

enable the gas to enter Transporter's facilities at the receipt

point(s). Unless otherwise agreed between Transporter and Shipper,

Transporter shall deliver gas to Shipper at Transporter's line pressure

existing at the delivery point(s), subject to Transporter's protecting

its operational integrity.

 

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 an event of force

majeure, which shall include, but not be limited to, 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 a service 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 service agreement 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.