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.