Paiute Pipeline Company

Second Revised Volume No. 1-A

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Effective Date: 11/01/1993, Docket: RS92- 75-004, Status: Effective

Original Sheet No. 90 Original Sheet No. 90 : Effective

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

 

5. OVERRUN AND UNDERRUN, BALANCING AND PENALTY PAYMENTS (Continued)

 

5.5 Penalty Payment for Unauthorized Overrun and Underrun and Failure

to Balance: (Continued)

 

for any other remedy available to Paiute against the offending

Shipper for failure to respect its obligation to stay within its

authorized quantities. Paiute shall have the right to take action

to correct imbalances which threaten the integrity of its system,

including maintenance of service to other Shippers.

 

6. FORCE MAJEURE

 

6.1 Relief From Liability:

 

Neither party shall be liable in damages to the other on account

of "force majeure" occasioned by any act, omission or circumstan-

ces occasioned by or in consequence of any act of God, strikes,

insurrections, riots, epidemics, landslides, lightning, earth

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

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

accident to machinery or lines of pipe, failure of upstream gas

supply facilities, the binding order of any court or governmental

authority which has been resisted in good faith by all reasonable

legal means, and any other cause, whether of the kind herein enu-

merated or not, and not 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 settle or prevent

any strikes or other controversy with employees or with anyone

purporting or seeking to represent employees shall not be con-

sidered to be a matter within the control of the party claiming

suspension.

 

6.2 Liabilities Not Relieved:

 

Neither Shipper nor Paiute shall be relieved from liability in

the event of its concurring negligence or failure on its part to

use due diligence to remedy the force majeure and remove the

cause with all reasonable dispatch, nor shall such causes or con-

tingencies affecting performance of any agreement relieve either

party from its obligations to make payments when due in respect

of service theretofore provided.