Bluewater Gas Storage, LLC
Original Volume No. 1
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Effective Date: 12/01/2006, Docket: CP06-351-001, Status: Effective
Original Sheet No. 145 Original Sheet No. 145 : Effective
GENERAL TERMS AND CONDITIONS
(Continued)
17. FORCE MAJEURE, RESERVATION CHARGE CREDITS
17.1. (a) Effect of Force Majeure. In the event BLUEWATER 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 BLUEWATER'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
BLUEWATER shall be suspended to the extent that BLUEWATER'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,
NNSS, FP or FL 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 BLUEWATER 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 BLUEWATER shall calculate credits against the
Customer's Reservation Charges payable under Rate Schedules FSS,
NNSS, FP or FL and its Storage Service Agreement to reflect any
reduction in BLUEWATER's ability to render firm services resulting
from an event of Force Majeure declared by BLUEWATER and shall
include such credits on the firm Customer's invoice for the next
succeeding Month, in accordance with Section 17.1(c) below.