Pacific Gas Transmission Company

First Revised Volume No. 1-A

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Effective Date: 02/02/1998, Docket: GT98- 17-000, Status: Effective

Second Revised Sheet No. 64 Second Revised Sheet No. 64 : Effective

Superseding: First Revised Sheet No. 64

TRANSPORTATION GENERAL TERMS AND CONDITIONS

(Continued)

 

 

10. FORCE MAJEURE (Continued)

 

10.2 No such cause as described in Paragraph 10.1 affecting the

performance of either party shall continue to relieve such

party from its obligation after the expiration of a reasonable

period of time within which by the use of due diligence such

party could have remedied the situation preventing its

performance, nor shall any such cause relieve either party from

any obligation unless such party shall give notice thereof in

writing to the other party with reasonable promptness; and like

notice shall be given upon termination of such cause.

 

10.3 No cause whatsoever, including without limitation the failure

of PG&E GT-NW to perform including the causes specified in

Paragraph 10.1, shall relieve Shipper from its obligations to

make payments due, including the payments of reservation

charges for the duration of such cause except as provided for

in Paragraphs 3.10 and 3.11 of Rate Schedule FTS-1.

 

11. WARRANTY OF ELIGIBILITY FOR TRANSPORTATION

 

Any Shipper transporting gas on the PG&E GT-NW system under this FERC

Gas Tariff First Revised Volume No. 1-A warrants for itself, its

successors and assigns, that it will have at the time of delivery of

the gas to PG&E GT-NW hereunder good title to such gas and that all gas

delivered to PG&E GT-NW for transportation hereunder is eligible for

the requested transportation in interstate commerce under applicable

rules, regulations or orders of the FERC, or other agency having

jurisdiction. Shipper will indemnify PG&E GT-NW and save it harmless

from all suits, actions, damages, costs, losses, expenses (including

reasonable attorney fees) and costs connected with regulatory

proceedings, arising from breach of this warranty.

 

12. POSSESSION OF GAS AND RESPONSIBILITY

 

PG&E GT-NW shall be deemed to be in control and possession of, and

responsible for, all gas delivered from the time that such gas is

received by it at the point of receipt to the time that it is

delivered at the point of delivery.

 

 

 

 

 

 

(Continued)