Pine Prairie Energy Center, LLC
Original Volume No. 1
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Effective Date: 09/01/2007, Docket: RP07-563-000, Status: Effective
Original Sheet No. 148 Original Sheet No. 148 : Effective
GENERAL TERMS AND CONDITIONS
(Continued)
17. FORCE MAJEURE, RESERVATION CHARGE CREDITS
17.1. (a) Effect of Force Majeure. In the event PPEC 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 Service
Agreement, it is agreed that upon PPEC's giving notice and full
particulars of such Force Majeure event on its Internet Web Site
and/or in writing to Customer within seventy-two (72) hours after
the occurrence of the cause relied on, then the obligations of
PPEC shall be suspended to the extent that PPEC's ability to
perform such obligations 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.
(b) Force Majeure and Obligation to Pay/Credit
Reservation Charges. A Customer taking firm service under Rate
Schedules FSS, FP or FL shall not be relieved of its obligation to
pay Reservation Charges specified in such firm Rate Schedules due
to an event of Force Majeure and PPEC shall include the full
amount of such Reservation Charges on the Customer's invoice for
any Month in which an event of Force Majeure shall have occurred,
provided, however, that PPEC shall calculate credits against the
Customer's Reservation Charges payable under Rate Schedules FSS,
FP or FL and its Storage Service Agreement to reflect any
reduction in PPEC's ability to render firm services resulting from
an event of Force Majeure declared by PPEC and shall include such
credits on the firm Customer's invoice for the next succeeding
Month, in accordance with Section 17.1(c) below.