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. 150 Original Sheet No. 150 : Effective

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

17.2 Nature of Force Majeure. The term "Force Majeure"

as employed herein and in Customer's Storage Service Agreement

shall mean any cause, whether of the kind enumerated herein or

otherwise, not reasonably within the control of PPEC, 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; sabotage or terrorism; blockades; insurrections;

epidemics; landslides; lightning; tornadoes; hurricanes;

earthquakes; fires; storms; floods; washouts; inclement weather

which necessitates extraordinary measures and expense to maintain

operations; explosions; breakage, accidents and/or maintenance to

plant facilities including machinery, lines of pipe, accidents

and/or unscheduled maintenance of wells or subsurface storage

caverns or reservoirs; testing (as required by governmental

authority or as deemed necessary by PPEC for the safe operation of

the facilities required to perform the services hereunder); and

the making of repairs or alterations to pipelines, storage, and

plant facilities including Transporter's(s') pipeline repairs. It

is understood and agreed that the settlement of strikes or

lockouts shall be entirely within the discretion of PPEC, and that

the above requirements that any Force Majeure shall be remedied

with all reasonable dispatch shall not require the settlement of

strikes or lockouts by acceding to the demands of opposing party

when such course is inadvisable in the discretion of PPEC.

 

18. NOTICES

 

Any notice, request, demand, or statement provided for in

Customer's Storage Service Agreement, except as otherwise herein

provided, shall be given in writing, delivered in person, by

United States Mail or via e-mail or facsimile, to the parties at

the addresses shown in the executed Storage Service Agreement or

at such other addresses as may hereafter be furnished to the other

party in writing.

 

Any notice initially delivered by fax shall be confirmed by

regular mail within one (1) week after transmission of the fax.

 

19. FUEL REIMBURSEMENT

 

19.1 Categories of Fuel Usage. The two general

categories of fuel usage are: (1) Direct Fuel Usage, consisting of

(a) compression fuel (including electricity), (b) dehydration

fuel, and (c) line heating fuel; and (2) Indirect Fuel Usage,

consisting of fuel that is consumed on site to (a) generate

electricity, (b) heat the facility (if any), and (c) fuel PPEC

vehicles.