Rendezvous Pipeline Company, L.L.C.

Original Volume No. 1

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Effective Date: 02/08/2007, Docket: RP07- 6-000, Status: Effective

Original Sheet No. 32 Original Sheet No. 32 : Pending

 

 

8. FORCE MAJEURE

 

8.1 Relief from Liability. Neither Transporter nor Shipper

shall be liable in damages to the other for any act,

omission or circumstance occasioned by or in

consequence of any actual or threatened blockades,

insurrections, riots, epidemics, floods, washouts,

landslides, mudslides, earthquakes, extreme cold or

freezing weather, lightning, rulers and peoples, civil

disturbances, explosions, breakage or imminent breakage

or freezing of or accident to machinery or line of

pipe, the order of any court or governmental authority

having jurisdiction, required maintenance of

facilities, labor disturbances, and any other cause,

whether of the kind herein enumerated or otherwise, not

reasonably within the control of the party claiming

suspension and which by the exercise of due diligence

such party is unable to prevent or overcome. Failure

to prevent or settle any strike or strikes shall not be

considered a matter within the control of the party

claiming suspension.

 

8.2 Liability not Relieved. Such causes or contingencies

affecting the performance under the executed Service

Agreement by either Transporter or Shipper, however,

will not relieve it of liability in the event of its

concurring negligence or in the event of its failure to

use due diligence to remedy the situation and to remove

the cause in an adequate manner and with all reasonable

dispatch, nor will such causes or contingencies

affecting such performance relieve either party from

its obligations to make payments of amounts then due in

respect of Gas theretofore delivered.

 

9. LIABILITY AND RISK OF LOSS

 

9.1 Liability for Facilities. Each party assumes full

responsibility and liability arising from the operation

of the pipeline and facilities owned by it and agrees

to hold the other party harmless from any liability of

any nature arising from the owning party's

installation, ownership, and operation thereof.

Transporter may, but shall have no obligation to,

odorize Gas delivered to Shipper under this tariff nor

to maintain any odorant level.

 

9.2 Risk of Loss. Except as otherwise provided in the

Service Agreement and in Section 8.1 of the General

Terms and Conditions, risk of loss to the volumes of

Gas transported shall pass to Transporter upon delivery

to Transporter for Shipper's account and to Shipper

upon delivery by Transporter for Shipper's account;

provided that Transporter will not be responsible for

risk of loss if Shipper fails to make all appropriate

arrangements to receive Gas from Transporter at the

Delivery Point(s).

 

9.3 Transporter shall not be liable to Shipper for any

damages, costs, or expenses incurred as a result of

Shipper's contracting for transportation service(s) on

Transporter's facilities.