GENERAL TERMS AND CONDITIONS

(continued)


 


 

21.2 Liabilities not Relieved. Force majeure affecting performance by

either party, however, shall not relieve it of liability to the

extent of contributory negligence or misconduct or to the extent 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 as

provided in the applicable Rate Schedule, except as provided in

GT&Cs Section 10.9.


 

21.3 Scheduling of 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

or major 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 Shippers and shall provide

reasonable notice of the same to Shippers.


 

21.4 Compliance with Directives of Governmental Agencies. Whenever in

order to comply with orders, directives or regulations of duly

constituted state, local or federal authorities, including, but not

limited to, the Commission, the Department of Defense, the

Department of Transportation, and the Environmental Protection

Agency, Pipeline must curtail deliveries to Shipper and is unable to

deliver to Shipper the quantities of gas which Shipper may then

require up to the quantities of gas Pipeline is then obligated to

deliver to Shipper, Pipeline shall not be liable in damages or

otherwise to Shipper or any other person or entity for any such

failure to deliver such quantities of gas to Shipper except to the

extent the orders or directives were issued as a result of gross

negligence or willful misconduct of Pipeline.