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. 147 Original Sheet No. 147 : Effective

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

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 BLUEWATER, 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; sabotage or

terrorism; 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

BLUEWATER for the safe operation of the facilities required to

perform the services hereunder); and the making of repairs or

alterations to pipelines, storage, and plant facilities including

Transporter's(s') pipeline repairs. It is understood and agreed

that the settlement of strikes or lockouts shall be entirely within

the discretion of BLUEWATER, 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 BLUEWATER.

 

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 BLUEWATER vehicles.