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.