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Florida City Gas
<br />FPSC Natural Gas Tariff
<br />Volume No. 9 Original Sheet No. 24
<br />RULES AND REGULATIONS (Continued)
<br />15. TRANSPORTATION - SPECIAL CONDITIONS (Continued)
<br />L. Disposition of Recalled Capacity
<br />Capacity recalled to the above section, shall be re-released as follows:
<br />In the case of Interstate Pipeline Capacity is recalled the Company will re-release the
<br />recalled Interstate Pipeline Capacity to all Third Party Suppliers promptly.
<br />M. Limitations on Released Capacity
<br />The Interstate Pipeline Capacity being released to Third Party Suppliers under the
<br />provisions of this tariff was obtained for the purpose of making gas available to Customers in
<br />Florida. It is being released to Third Party Suppliers for the same purpose. Accordingly, in addition
<br />to any other limitations on the released capacity that may apply, and as a condition for receiving
<br />the released capacity, Third Party Suppliers must comply with the following limitations on the use of
<br />released capacity.
<br />Any agreement to trade, assign, sell, or otherwise re-release the released capacity shall
<br />include the right of FCG to recall the capacity under Section K.
<br />In the event that a Third Party Shipper sells, trades, or otherwise transfers all or part of the
<br />Third Party Supplier's Customer base to another Third Party Supplier, it shall also release to the
<br />other Third Party Supplier an equal percentage of its released Interstate Pipeline Capacity;
<br />Any agreement to trade, assign, sell, or otherwise re-release the released Interstate
<br />Pipeline Capacity shall include the right of Third Party Supplier to recall the capacity if the capacity
<br />is necessary to provide service to the Third Party Suppliers' Customers.
<br />16. FORCE MAJEURE
<br />Neither Company, Third Party Supplier, or Customer shall be liable for damages to the other
<br />for any act, omission, or circumstance occasioned by or in consequence of any acts of God,
<br />strikes, lockouts, acts of the public enemy, wars, blockades, insurrections, riots, epidemics,
<br />landslides, lightning, earthquakes, fires, storms, floods, unforeseeable or unusual weather
<br />conditions, washouts, arrests and restraints of rulers and people, civil disturbances, explosions,
<br />breakage or accident to machinery or lines of pipe, , or software, line freezups, temporary failure
<br />of gas supply, temporary failure of firm transportation arrangements or curtailments, the binding
<br />order of any court or governmental authority which has been resisted in good faith by reasonable
<br />legal means, acts of third parties, and any other cause, whether of the kind herein enumerated or
<br />otherwise, not within the control of the party claiming suspension and which by the exercise of
<br />reasonable diligence such party is unable to prevent or overcome.
<br />Such causes or contingencies affecting the performance by the Company, Third Party
<br />Supplier or Customer, however, shall not relieve it of liability in the event of its concurrent
<br />negligence, nor shall such causes or contingencies affecting performance relieve either party
<br />from its obligations to make payments of amounts then due hereunder in respect of gas
<br />theretofore delivered.
<br />Issued by: Carolyn Bermudez Effective:
<br />Vice President, Southern Operations
<br />+P. `-i -LVA,
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