T.W. Phillips Pipeline Corp.

Original Volume No. 1

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Effective Date: 01/01/2010, Docket: RP10-141-000, Status: Effective

Original Sheet No. 80 Original Sheet No. 80

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

 

27.6. Except as set forth in Section 27.5, any such cause or contingency exempting

Shipper from liability for non-performance (except where prevented by valid

orders or requirements of Federal, State of other governmental regulatory bodies

having jurisdiction in the premises) shall not relieve Shipper of its obligation

to pay demand charges, reservation charges, or other amounts owned in accordance

with the provisions of the applicable rate schedule and FT Agreement. In every

case, Shipper shall exercise diligence to remove any such interference with its

receipt of Gas and shall resume such receipts at the earliest practicable time.

 

27.7. In the event of Force Majeure, Transporter shall curtail delivery of Gas to

Shipper in accordance with Section 10 of these GT&C.

 

27.8. Transporter shall post, on the Public Informational Posting Section of Transpor-

ter’s website any declaration by it of a Force Majeure situation. This posting

will address the nature of the Force Majeure, the facilities and services

affected, the anticipated extent of the impact and its likely duration.

 

28. LIABILITY

 

28.1 Transporter shall notify Shipper as soon as reasonably practical if service is

curtailed.

 

28.2 Transporter shall not be liable for curtailment of service or loss of natural gas

as a result of any steps taken to comply with any law, regulation or order or any

governmental agency which has or purports to have jurisdiction to regulate, allo-

cate or control gas supplies or the rendition of service hereunder, and regardless

of any defect in such law.

 

28.3 Notwithstanding anything to the contrary contained in this Tariff, Transporter

shall not be liable to Shipper for any loss of gas while it is in the custody of

Transporter, unless such loss is caused solely by the gross negligence or willful

misconduct of Transporters’ own employees or agents.

 

28.4 If delivery of quantities is curtailed for any reason, Transporter shall not be

liable for delivering said quantities at a later date.