GENERAL TERMS AND CONDITIONS

(continued)


 


 

in writing, signed, and shall contain a statement of findings and

conclusions of law in addition to the award decision. The decision

of the arbitrators shall be final and binding upon the Disputing

Parties, in so far as the law allows, without the right of appeal to

the FERC or the courts. The award rendered by the arbitrators shall

be final in so far as the law allows, and judgment thereon may be

entered by any court having jurisdiction thereof.


 

(c) The arbitrators shall not have the authority or power to alter,

amend or modify any of the terms or conditions of a Service

Agreement. The arbitrators' powers shall be limited to enforcement

of the Service Agreement as to the issues raised by the Disputing

Parties, and shall not include the power to award consequential,

indirect, special, punitive, or exemplary damages.


 

(d) Performance of the Service Agreement shall continue during

arbitration proceedings or any other dispute resolution mechanism

pursuant to these GT&Cs. Subject to the Parties' rights under GT&Cs

Section 19.5, no payment due or payable by Pipeline or Shipper shall

be withheld on account of a pending reference to arbitration or

other dispute resolution mechanism.


 

(e) The Disputing Parties irrevocably waive, to the fullest extent

permitted by applicable law, any and all rights to trial by jury in

any legal proceeding arising out of or relating to a Service

Agreement or the transactions contemplated thereby.