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;