Valero Interstate Transmission Company

First Revised Volume No. 1

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Effective Date: 11/01/1991, Docket: GT91- 42-000, Status: Effective

Original Sheet No. 69 Original Sheet No. 69 : Superseded

 

 

GENERAL TERMS AND CONDITIONS

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(continued)

 

9. FORCE MAJEURE

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a. Neither Vitco or Shipper shall be liable in damages to the other

for any act, omission or circumstances occasioned by or in conse-

quence of any acts of God, strikes, lockouts, acts of riots,

epidemics, landslides, lightning, earthquakes, fires, storm,

floods, washouts, arrests and restraints of rules and people,

civil disturbances, explosions, breakage or accident to machinery

or lines of pipe, the binding order of any court or governmental

authority, and any other cause, whether of the kind herein

enumerated, or otherwise, not within the control of the one

claiming suspension and which by the exercise of due diligence

it is unable to prevent or overcome.

 

b. Such cause or contingencies affecting performance shall not

relieve either party of liability in the event of its concurring

negligence or in the event of 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 con-

tingencies relieve either party from its obligations to make

payments of amounts then due hereunder.

 

10. GOVERNMENTAL AUTHORIZATION AND REGULATION

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This tariff is subject to all valid applicable state and federal laws

and orders, directives, rules and regulations of any governmental body

or official having jurisdiction.

 

11. GENERAL

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a. Vitco will not be required to build or contribute to the cost of

building any lateral pipelines to customers.

 

b. Nothing in this policy statement shall require Vitco to file an

application for a certificate of public convenience and necessity

under Section 7(c) of the Natural Gas Act or prevent Vitco from

contesting an application for service filed pursuant to Section

7(a). Vitco reserves the right to seek a waiver of the policy set

forth herein, for good cause shown, during any proceeding before

the Commission instituted under Section 7 of the Natural Gas Act.