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. 141 Original Sheet No. 141 : Effective

 

GENERAL TERMS AND CONDITIONS

17.2 Nature of Force Majeure. The term “Force Majeure” as employed herein and

in Customer's Storage Service Agreement shall mean any cause, whether of the

kind enumerated herein or otherwise, not reasonably within the control of

Liberty, such as acts of God; strikes, lockouts and industrial disputes or

disturbances; inability to secure or delays in obtaining labor, materials,

supplies, permits, easements or rights-of-way, including inability to secure

materials by reason of allocations promulgated by authorized governmental

agencies; arrests and restraints of governments and people; interruptions by

government or court orders; present and future valid orders, decisions or

rulings of any government or regulatory entity having proper jurisdiction; acts

of the public enemy; vandalism; wars; riots; civil disturbances; blockades;

insurrections; epidemics; landslides; lightning; tornadoes; hurricanes;

earthquakes; fires; storms; floods; washouts; inclement weather which

necessitates extraordinary measures and expense to maintain operations;

explosions; breakage, accidents and/or maintenance to plant facilities

including machinery, lines of pipe, accidents and/or unscheduled maintenance of

wells or subsurface storage caverns or reservoirs; testing (as required by

governmental authority or as deemed necessary by Liberty for the safe operation

storage, and plant facilities including Transporter(s)' pipeline repairs. It

is understood and agreed that the settlement of strikes or lockouts shall be

entirely within the discretion of Liberty, and that the above requirements that

any Force Majeure shall be remedied with all reasonable dispatch shall not

require the settlement of strikes or lockouts by acceding to the demands of

opposing party when such course is inadvisable in the discretion of Liberty.

18. NOTICES

Any notice, request, demand, or statement provided for in Customer's Storage

Service Agreement, except as otherwise herein provided, shall be given in

writing, delivered in person, by United States Mail or via e-mail or facsimile,

to the parties at the addresses shown in the executed Storage Service Agreement

or at such other addresses as may hereafter be furnished to the other party in

writing.

Any notice initially delivered by fax shall be confirmed by regular mail within

one (1) week after transmission of the fax.

19. FUEL REIMBURSEMENT

19.1 Categories of Fuel Usage. The two general categories of fuel usage are:

(1) Direct Fuel Usage, consisting of (a) compression fuel (including

electricity), (b) dehydration fuel, and (c) line heating fuel; and (2) Indirect

Fuel Usage, consisting of fuel that is consumed on site to (a) generate

electricity, (b) heat the facility (if any), and (c) fuel Liberty vehicles and

lost and unaccounted for volumes to the extent required for the operation and

maintenance of Liberty's Gas storage facilities.

19.2 Fuel Reimbursement. Fuel Reimbursement shall be calculated separately

for storage services, wheeling, balancing, loaning and parking under Rate

Schedules FSS, SFS, IP, IW, IL, and IB. Each Fuel Reimbursement charge shall be

negotiated by Liberty and Customer such that reimbursement of fuel may be paid

in kind or in dollars per Dth, as set forth in Customer's Storage Service

Agreement(s).