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.