TransGas Comprehensive Tariff
Article 10 Loss or Destruction of Gas 10.1) In the event that Customer's Inventory, or any part thereof, is lost, damaged or destroyed by reason of any willful or negligent act or omission of TransGas, its officers, employees, servants, agents, contractors, subcontractors or any entity or individual for whom TransGas is at law responsible and to the extent such loss, damage or destruction is not caused by any willful or negligent act or omission of Customer or any entity or individual for whom Customer is at law responsible, the Persons agree that Customer may elect by notice to TransGas in accordance with these Terms and Conditions within ninety (90) Days of Customer becoming aware of such loss, damage or destruction either to: (a) require TransGas to replace that portion of Customer's Inventory lost, damaged or destroyed by purchasing an equivalent amount of other product which meets the quality of Gas as defined in the General Terms and Conditions as soon as reasonably possible; or (b) require TransGas to pay Customer a sum equal to the fair market value, which fair market value shall be determined by TransGas acting reasonably, of the Customer's Inventory lost, damaged or destroyed, as soon as reasonably possible. Customer and TransGas agree that this clause is a reasonable pre-estimate of the damages which Customer might suffer as a result of any loss, damage or destruction of Customer's Inventory described above and not a penalty imposed upon TransGas and TransGas shall not in any event whatsoever be liable to any greater extent than hereinbefore set forth for any such loss, damage or destruction. TransGas shall not in any event whatsoever be liable for any loss, damage or destruction of Customer's Inventory to the extent caused by any willful or negligent act or omission of Customer or any entity or individual for whom Customer is at law responsible. 10.2) TransGas shall not in any event whatsoever be liable for any loss, damage or destruction of Customer's Inventory to the extent caused by causes beyond the control of TransGas. In the event any Gas stored at the Storage Facilities is lost, damaged or destroyed as a result of such causes then that proportion of the total amount of Gas lost, damaged or destroyed that the Customer's Inventory bears to the total amount of Gas stored at the Storage Facilities shall be deemed to have been removed from the Customer's Inventory and TransGas shall have no obligation to redeliver such amount to Customer. TransGas and Customer agreed to abide by the provisions of the General Terms and Conditions respecting Force Majeure.
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Service Specifications 3.3 Storage
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