Kentucky West Virginia Gas Company

Third Revised Volume No. 1

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Effective Date: 07/01/1993, Docket: RS92- 18-004, Status: Effective

Original Sheet No. 133 Original Sheet No. 133 : Superseded

 

GENERAL TERMS AND CONDITIONS (Continued)

15. FORCE MAJEURE

 

Neither Pipeline nor Customer shall be liable in damages to the other

for any act, omission or circumstance occasioned by or in consequence

of any acts of God, strikes, lockouts, acts of the public enemy, wars,

blockades, insurrections, riots, epidemics, landslides, lightening,

earthquakes, fires, storms, floods, washouts, arrests and restraints

of rulers and peoples, civil disturbances, explosions, breakage or

accident to machinery or lines of pipe; curtailments or interruptions

of gas service which may be required, on notice by Pipeline to

Customer, under any regulation or order of, or any rule filed with and

accepted by, any regulatory body having jurisdiction; any other

binding order which has been resisted in good faith by all reasonable

legal means; and any other cause, whether of the kind enumerated or

otherwise, not reasonably within the control of the party claiming

suspension and which by the exercise of due diligence such party is

unable to prevent or overcome. Failure to prevent or settle any

strike or strikes against the Pipeline or the Customer shall not be

considered a matter within the control of the party claiming

suspension. Such causes or contingencies affecting the performance

under the Service Agreement by either Pipeline or Customer, however,

shall not relieve it of liability in the event of its concurrent

negligence or in the event of its 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 payment of amounts then due hereunder in respect of gas

theretofore delivered. Failure or interruption of transportation of

gas either upstream or downstream of Pipeline's system shall not

constitute a force majeure event for purposes of Customer's

responsibility to pay the reservation charges otherwise owing under

Pipeline's transportation rate schedules.

 

During the effectiveness of any operational flow order, the obligation

of Pipeline to deliver the quantity of gas received for Customer's

account shall be reduced by the quantities retained pursuant to this

section. Gas retained by Pipeline under an operational flow order may

be utilized to meet demands for compressor fuel, to replace lost gas,

or to replace line pack reduced due to unscheduled maintenance, or for

other similar uses.

 

The volumes of gas retained by Pipeline under an operational flow

order which otherwise would have been delivered to a customer will be

offset against the imbalance of over-deliveries to that customer in

subsequent months until the volume is reduced to zero. In addition,

no imbalance, scheduling, or other penalty will be assessed against a

customer whose imbalance is attributable to an operational flow order

pursuant to this section.