GENERAL TERMS AND CONDITIONS

(continued)


 


 

20.2 Prior to a termination for default, Pipeline may suspend service to

any Shipper who fails to comply with the GT&Cs, the applicable Rate

Schedule, or Shipper's Service Agreement. Pipeline's failure to

invoke its right to terminate an agreement for default shall not be

construed as a waiver of Pipeline's right to terminate service

during any other period when Shipper is in violation of the terms of

this tariff or of Shipper's Service Agreement.


 


 

21. FORCE MAJEURE AND LIMITATION ON OBLIGATION TO PROVIDE SERVICE


 

21.1 Relief from Liability. A party shall not be liable in damages to

the other to the extent its performance is affected by an event of

force majeure. Force majeure is defined to mean any act, omission

or circumstance, whether foreseeable or not, occasioned by or in

consequence of any acts of God, strikes, lockouts, acts of the

public enemy or terrorism, wars, blockades, insurrections, riots,

epidemics, landslides, land subsidence, lightning, earthquakes,

hurricanes, fires, storms, floods, washouts, and evacuation due to

the threat of any of the foregoing arrests and restraints of rules

and people, civil disturbances, explosions, breakage or accident to

machinery or lines of pipe, line freezeups, 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 Good

Utility Practice, reasonable care and due diligence such party is

unable to prevent or overcome. An event of force majeure shall not

include lack of finances, the price or loss or disturbance to

natural gas supply, fuel supply or energy produced, or lack of

markets.


 

Good Utility Practice means any of the practices, methods, and acts

engaged in or approved by a significant portion of the natural gas

industry during the relevant time period, or any of the practices,

methods, and acts which, in the exercise of reasonable judgment in

the light of the facts known at the time the decision was made,

could have been expected to accomplish the desired result at a

reasonable cost consistent with good business practices,

reliability, safety, and expedition. Good Utility Practice does not

require use of the optimum practice, method, or act, but only

requires use of reasonable practices, methods, or acts generally

accepted in the region where the Pipeline's facilities are located.