Many Islands Pipe Lines (Canada) Limited MIPL(C)L
General Terms and Conditions
7.5 Notwithstanding the provisions of Paragraphs 7.1 and 7.2 or any other provision of this Tariff, in no event shall Shipper be liable to MIPL(C)L for claims by MIPL(C)L’s other customers for loss of anticipated profits or revenues, loss by reason of plant or other facility shutdown or for any special or consequential loss or damage of any nature, whether similar or dissimilar to those enumerated above, arising at any time or from any cause whatsoever. 7.6 Notwithstanding the provisions of Paragraphs 7.3 and 7.4 or any other provision of the MIPL(C)L Service Agreement, in no event shall MIPL(C)L be liable to Shipper for loss of anticipated profits or revenues, loss by reason of plant or other facility shutdown, cost of purchased or replacement Gas or other alternative forms of fuel, claims of Customer’s customers or for any special or consequential loss or damage of any nature, whether similar or dissimilar to those enumerated above, arising at any time or from any cause whatsoever.
ARTICLE VIII - INCORPORATION IN TOLL SCHEDULES AND TRANSPORTATION SERVICE CONTRACTS
8.1 These General Terms and Conditions are incorporated in and are a part of all of MIPL(C)L's Service Specifications, MIPL(C)L Service Agreements, and MIPL(C)L Contract. 8.2 These General Terms and Conditions are subject to the provisions of the National Energy Board Act or any other legislation passed in amendment thereto or substitution therefor.
ARTICLE IX – UNACCOUNTED FOR GAS, FUEL GAS AND LOST GAS
9.1 MIPL(C)L shall not be liable to Shipper for Shipper's Gas lost due to a Force Majeure event, but shall maintain and provide to Shipper a record of Shipper's proportionate share of any such loss and co-operate with all reasonable requests of Shipper's insurers or their agents during the course of the investigation of any claim arising from any such loss. 9.2 For the purpose of Paragraph 9.1 "Shipper's proportionate share" shall be that percentage of Lost Gas which is equal to the percentage of Shipper's Gas in the Gas Transmission System used by MIPL(C)L in the receipt, transportation, measurement testing and delivery of Gas hereunder at the time of the Force Majeure event so far as that percentage can reasonably be determined.
Page 13
June 1, 2016
Made with FlippingBook Ebook Creator