Petal Gas Storage, L. L. C.
Original Volume No. 1
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Effective Date: 10/01/2002, Docket: RP02-435-000, Status: Effective
Third Revised Sheet No. 125 Third Revised Sheet No. 125 : Effective
Superseding: Second Revised Sheet No. 125
GENERAL TERMS AND CONDITIONS (Continued)
16. INSURANCE
Customer shall be responsible for providing its own insurance coverage with
respect to its gas in the Storage Facility.
17. FORCE MAJEURE
17.1 Effect of Force Majeure. In the event Petal or Customer is rendered
unable, wholly or in part, by reason of an event of force majeure, as
defined herein, to perform, wholly or in part, any obligation or
commitment under Customer's storage or transportation service
agreement, it is agreed that, upon Petal's or Customer giving notice
and full particulars of such force majeure event in writing (and/or on
its Internet website for Petal) to the other party within forty-eight
(48) hours after the occurrence of the cause relied on, then the
obligations of the notifying party shall be suspended to the extent
that it is affected by such force majeure event and for the period of
such force majeure condition, but for no longer period, and such cause
shall as far as possible be remedied with all reasonable dispatch. An
event of force majeure shall not excuse Customer's obligations to pay
invoices in accordance with Section 14 of the General Terms and
Conditions of this tariff.
17.2 Nature of Force Majeure. The term "Force Majeure" as employed in
Customer's storage or transportation service agreement shall mean any
cause whether of the kind enumerated herein or otherwise, not reasonably
within the control of Petal or Customer, such as acts of God; strikes,
lockouts and industrial disputes or disturbances; inability to secure or
delays in obtaining labor, materials, supplies, permits, easements or
rights-of-way, including inability to secure materials by reason of
allocations promulgated by authorized governmental agencies; arrests and
restraints of governments and people; interruptions by government or
court orders; present and future valid orders, decisions or rulings of
any government or regulatory entity having proper jurisdiction; acts of
the public enemy; vandalism; wars; riots; civil disturbances;