Discovery Gas Transmission LLC

Original Volume No. 1

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Effective Date: 11/10/1997, Docket: CP96-712-002, Status: Effective

Original Sheet No. 189 Original Sheet No. 189 : Effective

 

 

21. FORCE MAJEURE

 

 

21.1 EFFECT OF FORCE MAJEURE - If either Transporter or

Shipper is rendered unable, wholly or in part, by an

event of force majeure to perform its obligations under

any Effective Agreement, other than the obligation to

make payments then or thereafter due, it is agreed that

performance of the respective obligations of the parties

thereto to receive and deliver Gas, so far as they are

affected by a force majeure event, will be suspended from

the inception of any such inability until it is

corrected, but for no longer period. The party claiming

such inability shall give notice to the other party as

soon as practicable after the occurrence of the force

majeure event. If such notice is first given orally, it

must be confirmed in writing within five (5) Days, giving

full particulars. The party claiming such inability

shall promptly correct such inability to the extent it

may be corrected through the exercise of reasonable

diligence.

 

21.2 SUSPENSION OF RESERVATION CHARGES - If Transporter is

rendered unable, wholly or in part, by an event of force

majeure to perform its Firm Transportation obligations

under any Effective FT-1 Service Agreement, Shipper shall

be relieved of its obligation to make payments for

reservation charges under such FT-1 Service Agreement

applicable to that portion of the FT-1 Transportation

service that is affected by an event of force majeure,

from the inception of Transporter's inability to perform

its Firm Transportation obligations until the inability

is corrected, but for no longer period. Shipper shall

remain obligated to make payments for all or any portion

of reservation charges applicable to service made

available under an Effective FT-1 Service Agreement when

Transporter is capable, wholly or in part, of performing

its service obligations and Transporter's ability to

perform such obligations is not affected by an event of

force majeure.