Caprock Pipeline Company

First Revised Volume No. 1

Effective Date: 01/01/1993, Docket: RS92- 58-001, Status: Effective

Original Sheet No. 16 Original Sheet No. 16 : Effective

The term "force majeure" shall include, but is not limited to, acts

of God and the public enemy, the elements, fire, accidents,

breakdowns, strikes and any other industrial, civil or public

disturbance, inability to obtain or delay in obtaining

rights-of-way, material, supplies, permits of labor, maintenance,

repair, or replacement of pipeline facilities, any act or omission

by parties not subject to control by the party having the

difficulty, and any laws, orders, rules, regulations, acts or

restraints of any governmental body or authority civil or military.

ARTICLE VII

7.1 Transportation service shall be provided on a

first-come, first-served basis, which shall be determined by the

date of receipt by Caprock of Shipper's valid written request for

transportation stating the proposed total volumes to be transported,

the proposed delivery and redelivery point(s), the volume of gas to

be delivered and redelivered at each delivery and redelivery point

in the case of multiple delivery and/or redelivery points, and the

proposed term; provided, however that Shipper must be ready, willing

and able to commence deliveries of gas within sixty (60) days of the

date of making the request, or any extended time period established

by Caprock, as necessary for completion of any necessary facilities

(which shall be made only at Shipper's sole expense), if required.

Failure by Shipper to demonstrate the ability to perform hereunder

and to commence transportation within the period provided shall

result in rejection of Shipper's proposal and the removal of Shipper

from its first-come, first-served place. All requests received by

Caprock simultaneously will be determined by a lottery.

7.2 The rate charged by Caprock shall not exceed the rate

approved by the FERC under Caprock's applicable Tariff or the Rules

and Regulations for Section 311 transportation under the Natural Gas

Policy Act of 1978. Caprock reserves the right at any time, and

from time to time, to change its transportation rate or the

provisions of this tariff by appropriate filings with the FERC.

7.3 Nothing contained herein shall preclude a Shipper from

challenging before the FERC any rate applied for by Caprock.

7.4 Shipper shall reimburse Caprock for all filing and other

fees which Caprock pays or is required to pay in connection with any

transportation transaction.

7.5 In the event additional facilities are required to

effect the transportation by Caprock, the Shipper shall reimburse

Caprock within fifteen (15) days of Shipper's receipt of an invoice

for all costs, including