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.