Keyspan LNG, LP (Alng)
Third Revised Volume No. 1
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Effective Date: 01/27/2003, Docket: RP03-241-000, Status: Effective
Original Sheet No. 77 Original Sheet No. 77 : Effective
Joseph A. Vaszily, Vice President
GENERAL TERMS AND CONDITIONS
(continued)
17. FORCE MAJEURE (continued)
herein enumerated or otherwise, not within the control of the party
claiming suspension under this section, which act, omission or
circumstance such party is unable by the exercise of due diligence
to prevent or overcome.
17.2 Liabilities Not Relieved. Such causes or contingencies affecting
performance by either party, however, shall not relieve such party
of liability in the event of its concurring negligence or in the
event of its failure to use due diligence to remedy the situation
and remove the cause in an adequate manner and with all reasonable
dispatch, nor shall such causes or contingencies affecting perform
ance relieve either party from its obligations to make payments of
amounts then due in respect of services theretofore rendered.
17.3 Proration of Impaired Capacity. The provisions of Section 18 of
these General Terms and Conditions shall govern the apportionment of
available capacity when such available capacity is impaired so that
KLNG is unable to store for Customer the quantities of gas provided
by effective service agreements.
17.4 Scheduling of Construction and Maintenance. KLNG shall have the
right to curtail, interrupt, or discontinue service in whole or in
part on all or a portion of its storage facilities from time to time
to perform repair, maintenance or improvements on the facilities as
necessary to maintain the operational capability of the facilities,
or to comply with applicable regulatory requirements, or to perform
construction pursuant to valid FERC authorization. KLNG shall
exercise due diligence to schedule repair, construction and
maintenance so as to minimize disruptions of service to Customer and
shall provide reasonable notice of the same to Customer.
17.5 Compliance with Directives of Governmental Agencies. Whenever in
order to comply with orders, directives or regulations of duly
constituted state, local or federal authorities having jurisdiction,
including, but not limited to, the Department of Transportation, the
Federal Energy Regulatory Commission, and the Environmental
Protection Agency, KLNG must curtail storage for Customer and is
unable to store for Customer the quantities of gas which Customer
may then require up to the quantities of gas KLNG is then obligated
to store for Customer, KLNG shall not be liable in damages or
otherwise to Customer or any other person or entity for any such
failure to store such quantities of gas for Customer.