Kern River Gas Transmission Company
Second Revised Volume No. 1
Contents / Previous / Next / Main Tariff Index
Effective Date: 07/01/2000, Docket: RP00-288-000, Status: Effective
Original Sheet No. 99 Original Sheet No. 99 : Effective
GENERAL TERMS AND CONDITIONS
(Continued)
7. FORCE MAJEURE
7.1 Definition. The term "force majeure" as employed herein will
include, but will not be limited to blockades, insurrections,
riots, epidemics, floods, washouts, landslides, mudslides,
earthquakes, extreme cold or freezing weather, lightning,
restraints of rulers and peoples, civil disturbances, explosions,
breakage or freezing of or accident to machinery or line of pipe,
the order of any court or governmental authority having
jurisdiction, and any other cause, whether of the kind herein
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 will not be considered a
matter within the control of the party claiming suspension.
7.2 Obligations of Parties. In the event of either party's being
rendered, wholly or in part by force majeure, unable to carry out
its obligations under the Transportation Service Agreement, it is
agreed that when such party gives notice and full particulars of
such force majeure, in writing, by electronic mail or by
telephone, to the other party, which will be done as soon as
practicable after the occurrence of the event of force majeure
relied on, then the obligations of the parties hereto so far as
such obligations are affected by such force majeure will be
suspended during the continuance of any period of force majeure,
but for no longer period, and such inability to perform will, so
far as possible, be remedied with all reasonable dispatch.
Provided, however, that continued payment of the monthly
reservation charge applicable to firm Transportation service under
circumstances of non-delivery occasioned by Transporter's
invocation of force majeure will be a matter for individual
negotiation between Transporter and Shipper as set forth in the
executed Transportation Service Agreement. Notwithstanding
anything to the contrary which may be expressed or implied in an
executed Transportation Service Agreement under Rate Schedule KRF-
1, no adjustment to the monthly reservation charge for Shippers
under Rate Schedule KRF-1 will be required for any interruption or
curtailment of service at any Secondary Receipt Point or Secondary
Delivery Point.