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.