Texas Eastern Transmission Corporation
Sixth Revised Volume No. 1
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Effective Date: 10/01/1994, Docket: MT94- 24-000, Status: Effective
First Revised Sheet No. 648 First Revised Sheet No. 648 : Effective
Superseding: Original Sheet No. 648
GENERAL TERMS AND CONDITIONS
(Continued)
17. FORCE MAJEURE AND LIMITATION ON OBLIGATION TO PROVIDE SERVICE
17.1 Relief from Liability
Neither party shall be liable in damages to the other for any act,
omission or circumstance occasioned by or in consequence of any acts of God,
strikes, lockouts, acts of the public enemy, wars, blockades, insurrections,
riots, epidemics, landslides, land subsidence, lightning, earthquakes, fires,
storms, floods, washouts, arrests and restraints of rulers and people, civil
disturbances, explosions, breakage or accident to machinery or lines of pipe,
failure of third party transportation, 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 due diligence such party is unable to
prevent or overcome.
17.2 Liabilities not Relieved
Such causes or contingencies affecting performance by either party,
however, shall 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 remove the cause in an adequate manner and with all reasonable
dispatch, nor shall such causes or contingencies affecting performance
relieve either party from its obligations to make payments of amounts then
due hereunder in respect of gas theretofore delivered or as provided in the
applicable rate schedule.
17.3 Scheduling of Routine Maintenance
Pipeline shall have the right to curtail, interrupt, or discontinue
service in whole or in part on all or a portion of its system from time to
time to perform routine repair and maintenance on Pipeline's system as
necessary to maintain the operational capability of Pipeline's system or to
comply with applicable regulatory requirements. Pipeline shall exercise due
diligence to schedule routine repair and maintenance so as to minimize
disruptions of service to Customers and shall provide reasonable notice of
the same to Customers.