El Paso Natural Gas Company

Second Revised Volume No. 1A

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Effective Date: 04/01/2010, Docket: RP10-454-001, Status: Effective

Third Revised Sheet No. 309A Third Revised Sheet No. 309A

Superseding: Second Revised Sheet No. 309A

 

TRANSPORTATION GENERAL TERMS AND CONDITIONS

(Continued)

11. SYSTEM OPERATIONAL PARAMETERS

11.3 Force Majeure

(a) A force majeure event shall mean unplanned or unanticipated events or

circumstances that are not within the control of the party claiming

suspension of its obligation and which such party could not have

avoided through the exercise of reasonable diligence. A force majeure

event includes, without limitation, acts of God, including fires,

explosions, earthquakes or volcanic eruptions, storms, floods, and

washouts; 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; failure of any third parties

necessary to the performance by either Transporter or Shipper under the

Executed TSA, breakage or accident to machinery or lines of pipe; the

necessity for making repairs or alterations to machinery or lines of

pipe due to an unplanned event; freezing of wells or pipelines; the

necessity for testing (as required by governmental authority);

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 11.3(a) above. Transporter shall

exercise reasonable diligence to schedule maintenance so as to minimize

or avoid service interruptions.

 

(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 its

concurring negligence, where such negligence was a cause of the force

majeure event, or 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 due.