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.