Liberty Gas Storage, LLC

Original Volume No. 1

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Effective Date: 04/15/2007, Docket: RP07-357-000, Status: Effective

Original Sheet No. 139 Original Sheet No. 139 : Effective

 

GENERAL TERMS AND CONDITIONS

17. FORCE MAJEURE

17.1. (a) Effect of Force Majeure. In the event Liberty is rendered unable,

wholly or in part, by reason of an event of Force Majeure, as defined herein,

to perform, wholly or in part, any obligation or commitment under Customer's

Storage Service Agreement, it is agreed that upon Liberty's giving notice and

full particulars of such Force Majeure event on its Internet Web Site and/or in

writing to Customer within seventy-two (72) hours after the occurrence of the

cause relied on, then the obligations of Liberty shall be suspended to the

extent that Liberty's ability to perform such obligations is affected by such

Force Majeure event and for the period of such Force Majeure condition, but for

no longer period, and such cause shall as far as possible be remedied with all

reasonable dispatch.

(b) Force Majeure and Obligation to Pay/Credit Reservation Charges. A

Customer taking firm service under Rate Schedules FSS or SFS shall not be

relieved of its obligation to pay Reservation Charges specified in such firm

Rate Schedules due to an event of Force Majeure and Liberty shall include the

full amount of such Reservation Charges on the Customer's invoice for any Month

in which an event of Force Majeure shall have occurred, provided, however, that

Liberty shall calculate credits against the Customer's Reservation Charges

payable under Rate Schedules FSS or SFS and its Storage Service Agreement to

reflect any reduction in Liberty's ability to render firm services resulting

from an event of Force Majeure declared by Liberty and shall include such

credits on the firm Customer's invoice for the next succeeding Month.