Cameron Interstate Pipeline, LLC
Original Volume No. 1
Contents / Previous / Next / Main Tariff Index
Effective Date: 11/01/2008, Docket: RP08-647-000, Status: Effective
Original Sheet No. 150 Original Sheet No. 150
GENERAL TERMS AND CONDITIONS
(continued)
20.2 Prior to a termination for default, Pipeline may suspend service to
any Shipper who fails to comply with the GT&Cs, the applicable Rate
Schedule, or Shipper's Service Agreement. Pipeline's failure to
invoke its right to terminate an agreement for default shall not be
construed as a waiver of Pipeline's right to terminate service
during any other period when Shipper is in violation of the terms of
this tariff or of Shipper's Service Agreement.
21. FORCE MAJEURE AND LIMITATION ON OBLIGATION TO PROVIDE SERVICE
21.1 Relief from Liability. A party shall not be liable in damages to
the other to the extent its performance is affected by an event of
force majeure. Force majeure is defined to mean any act, omission
or circumstance, whether foreseeable or not, occasioned by or in
consequence of any acts of God, strikes, lockouts, acts of the
public enemy or terrorism, wars, blockades, insurrections, riots,
epidemics, landslides, land subsidence, lightning, earthquakes,
hurricanes, fires, storms, floods, washouts, and evacuation due to
the threat of any of the foregoing arrests and restraints of rules
and people, civil disturbances, explosions, breakage or accident to
machinery or lines of pipe, line freezeups, 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 Good
Utility Practice, reasonable care and due diligence such party is
unable to prevent or overcome. An event of force majeure shall not
include lack of finances, the price or loss or disturbance to
natural gas supply, fuel supply or energy produced, or lack of
markets.
Good Utility Practice means any of the practices, methods, and acts
engaged in or approved by a significant portion of the natural gas
industry during the relevant time period, or any of the practices,
methods, and acts which, in the exercise of reasonable judgment in
the light of the facts known at the time the decision was made,
could have been expected to accomplish the desired result at a
reasonable cost consistent with good business practices,
reliability, safety, and expedition. Good Utility Practice does not
require use of the optimum practice, method, or act, but only
requires use of reasonable practices, methods, or acts generally
accepted in the region where the Pipeline's facilities are located.