Kern River Gas Transmission Company

Second Revised Volume No. 1

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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.