Texas Gas Transmission Corporation

First Revised Volume No. 2-A

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Effective Date: 11/01/1990, Docket: RP90-192-000, Status: Effective

Original Sheet No. 88 Original Sheet No. 88 : Effective

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

blockades; civil and military disturbances;

insurrections, fires, explosions, freezing;

arrests and restraints of government, either

federal or state, civil or military; shutdowns

for purposes of necessary or required repairs,

relocations, or construction of facilities;

any operational or mechanical failure such as

breakage or accident to machinery or lines of

pipe, or failure of surface equipment or pipe-

lines; the necessity for testing pipeline or

other equipment as may be required by govern-

mental authority or as deemed necessary by the

testing party for the safe operation thereof;

any failure to perform or to comply with any

obligation or condition herein due to the

inability to obtain necessary supplies, per-

mits, or labor; any industrial disturbance,

including strikes or lockouts; or any

inability to obtain necessary rights-of-way.

 

(c) Force majeure affecting the performance here-

under by either party, however, shall not

relieve such party of liability in the event

of negligence or in the event of failure to

use due diligence to remedy the situation and

to remove the cause in an adequate manner and

with all reasonable dispatch; and such causes

or contingencies affecting such performance

shall not relieve either party from its obli-

gations to make payment as determined here-

under.

 

(d) It is understood and agreed that the settle-

ment of strikes, lockouts, or controversies

with landowners involving rights-of-way shall

be entirely within the discretion of the party

having the difficulty and that the above re-

quirement that any force majeure shall be

remedied with all reasonable dispatch shall