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.