Tariff
TWP Pipeline LLC
FERC GAS TARIFF
SECOND REVISED VOLUME NO. 1
SECTION 7.27
IMPAIRMENT OF DELIVERIES / FORCE MAJEURE
VERSION 3.0.0
GENERAL TERMS AND CONDITIONS7.27. IMPAIRMENT OF DELIVERIES / FORCE MAJEURE 7.27.1. Routine Repair and Maintenance – Transporter shall have the right to restrict the scheduling of service in whole or in part on all or a portion of its system from time to time to perform routine repair, maintenance, and other construction or testing procedures on Transporter's System or to comply with applicable regulatory requirements. Transporter's repair and maintenance plans should not disrupt the delivery of confirmed services. Transporter shall exercise due diligence to schedule such activity so as to minimize disruptions of service to Shippers. Transporter shall have no liability to Shipper or any other party for such curtailment of interruption of service. Transporter will post notice of such events on its Internet website. 7.27.2. Non-Force Majeure Service Interruption – If, due to an event other than described below in Section 7.27.4, Transporter is unable to deliver on any day under an FT Agreement the Shipper’s full MDQ, then the applicable Reservation Charges shall be eliminated for the quantity of gas contracted for but not delivered. Transporter shall not be obligated to adjust the Shipper’s Reservation Charges when Transporter’s failure to deliver on any day is the result of the conduct of the Shipper or the operator of the upstream facilities at the receipt point. Notwithstanding this reduction in Reservation Charges, Transporter shall have no other liability to any Shipper or any other party for the scheduling of service to accommodate the routine repair and maintenance of its system. 7.27.3. Force Majeure – Service under this Tariff may be interrupted or curtailed for reasons of Force Majeure as defined in Section 7.27.4, and Transporter shall give Shipper notice as soon as reasonably possible of such interruptible or curtailment. 7.27.4. Force Majeure Defined/Relief From Liability – Neither Transporter nor Shipper shall be liable in damages to the other for any act, omission or circumstances occasioned by in consequence of any event constituting Force Majeure. The term Force Majeure shall mean acts of God, strikes, lockouts, acts of the public enemy, wars, blockades, insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, storms, floods, washouts, arrests and restraints of rulers and peoples, civil disturbances, explosions, breakage or accident to machinery or lines of pipe, line freeze-ups, 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, and whether caused or occasioned by or happening on account of the act or omission of one of the parties to the contract between Transporter and Shipper or some person or concern not a party thereto, which is not within the control of the party claiming excuse and which by the exercise of due diligence such party is unable to prevent or overcome. A failure to settle or prevent any strike or other controversy with employees or with anyone purporting or seeking to represent employees