Liberty Gas Storage, LLC
Original Volume No. 1
Contents / Previous / Next / Main Tariff Index
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.