Centra Pipelines Minnesota Inc.

Second Revised Volume No. 2

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Effective Date: 10/16/1991, Docket: RP91-136-002, Status: Effective

Original Sheet No. 28 Original Sheet No. 28 : Effective

 

12.2 Such cause or contingencies affecting the performance by either

 

party, however, shall not relieve it of liability in the event of its

 

concurring negligence or in the event of its failure to use due

 

diligence to remedy the situation and remove the cause in an

 

adequate manner and with all reasonable dispatch, nor shall such

 

causes or contingencies affecting performance relieve either party

 

from its obligations to make payments of the amounts then due

 

thereunder, nor shall such cause or contingencies relieve either

 

party of liability unless such party shall give notice and full

 

particulars of the same in writing to the other party as soon as

 

possible after the occurrence relied on.

 

 

12.3 If due to any act of FORCE MAJEURE Centra is unable to deliver the

 

Contract Quantity then Shipper shall be entitled to such proportion

 

of volumes of gas actually transported as its Contract Quantity

 

bears to the total Contract Quantities under all of Centra's firm

 

services.

 

 

12.4 If, due to FORCE MAJEURE as defined in Section 12 hereof affecting

 

its own system Centra is unable to deliver to Shipper Contract

 

Quantity on any day, Shipper's charge shall be reduced by an

 

amount equal to the demand charge calculated on a daily basis,