Cheyenne Plains Gas Pipeline Company, L.L.C.

Original Volume No. 1

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Effective Date: 07/26/2010, Docket: RP10-876-000, Status: Effective

First Revised Sheet No. 286 First Revised Sheet No. 286

Superseding: Original Sheet No. 286

 

GENERAL TERMS AND CONDITIONS

(Continued)

11. SYSTEM OPERATIONAL PARAMETERS

11.3 Force Majeure.

 

(a) A force majeure event includes without limitation by this

recital: acts of God, including fires, explosions,

earthquakes or volcanic eruptions, storms, floods, washouts

and extreme cold or freezing weather; necessity for

compliance with any court order, law, regulation or

ordinance promulgated by any governmental authority having

jurisdiction, either federal, Indian, state or local, civil

or military; acts of a public enemy; wars and civil

disturbances; strikes, lockouts or other industrial

disturbances; breakage or accident to machinery or lines of

pipe; the necessity for testing (as required by governmental

authority or as deemed necessary for safe operation by the

testing party); inability to obtain necessary materials,

supplies, permits, or labor to perform or comply with any

obligation or condition of this Tariff; inability to obtain

rights of way; and any other causes that are not reasonably

in the control of the party claiming suspension.

 

(b) A force majeure event shall include shutdowns for purposes

of necessary repairs, relocations, or construction of

facilities associated with any of the events described in

Section 11.2(a) above.

 

(c) If because of a force majeure event either Transporter or

Shipper is rendered unable, wholly or in part, to perform

its obligations under a TSA, and if such party gives notice

of such event within a reasonable period of time and

provides full particulars of the event in writing or by

electronic communication (other than telephone),

nonperformance of the party giving such notice shall be

excused during the continuance of such event and to the

extent its performance is affected by such event. The party

claiming force majeure shall use due diligence to remedy its

nonperformance with all reasonable dispatch, including the

making of provision for such alternate performance as may be

economical and practical.

 

(d) No force majeure event affecting the performance by

Transporter or Shipper shall relieve such party of liability

in the event of failure to use due diligence to remedy the

situation and to remove the cause in an adequate manner and

with all reasonable dispatch. Nor shall such causes or

contingencies affecting such performance relieve either

party from its obligations to make payments as mutually

agreed under the applicable Rate Schedule.