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Carolyn Bermudez Effective: Vice President Southern Operations Florida City Gas FPSC Natural Gas Tariff Oriqinal Sheet No. 24 Volume No 9 RULES AND REGULATIONS (Continued) 4-315 TRANSPORTATION SPECIAL CONDITIONS (Continued) L Disposition of Recalled Capacity Capacity recalled to the above section shall be re-released as follows: In the case of Interstate Pipeline Capacity is recalled the Company will re-release the recalled Interstate Pipeline Capacity to all Third Party Suppliers promptly. M Limitations on Released Capacity The Interstate Pipeline Capacity being released to Third Party Suppliers under the provisions of this tariff was obtained for the purpose of making as available to Customers in Florida It is being released to Third Party Suppliers for the same purpose Accordingly, in addition to any other limitations on the released capacity that may apply and as a condition for receiving the released capacity, Third Party Suppliers must comply with the following limitations on the use of released capacity. Any agreement to trade assign sell or otherwise re-release the released capacity shall include the right of FCG to recall the capacity under Section K. In the event that a Third Party Shipper sells trades or otherwise transfers all or part of the Third Party Supplier's Customer base to another Third Party Suoplier, it shall also release to the other Third Party Supplier an equal percentage of its released Interstate Pipeline Capacity; Any agreement to trade assign, sell or otherwise re-release the released Interstate feline Capacity shall include the right of Third Party Supplier to recall the capacity if the capacity is necessary to provide service to the Third Partv Suppliers' Customers. 16. FORCE MAJEURE Neither Company, Third Party Supplier, or Customer shall be liable for damages to the other for any act, omission, or circumstance occasioned by or in consequence of any acts of God, strikes, lockouts, acts of the public enemy, wars, blockades, insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, storms, floods, unforeseeable or unusual weather conditions, washouts, arrests and restraints of rulers and people, civil disturbances, explosions, breakage or accident to machinery or lines of pipe, or software line freezups, temporary failure of gas supply, temporary failure of firm transportation arrangements or curtailments, the binding order of any court or governmental authority which has been resisted in good faith by a# reasonable legal means, acts of third parties, and any other cause, whether of the kind herein enumerated or otherwise, not within the control of the party claiming suspension and which by the exercise of duereasonable diligence such party is unable to prevent or overcome. Such sausecauses or contingencies affecting the performance by the Company, Third Party Supplier or Customer, however, shall not relieve it of liability in the event of its concurrent Ad Mey negligence P, L4-IL�q