Richfield Gas Storage System

Substitute Volume No. 1

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Effective Date: 04/15/1993, Docket: CP92-285-002, Status: Effective

Original Sheet No. 39 Original Sheet No. 39 : Superseded

 

the binding order of any court of governmental authority

which has been resisted in good faith by all reasonable

legal means, or any other cause, whether of the kind herein

enumerated or otherwise not within the control of the party

claiming suspension and which by the exercise of due

diligence such party is unable to prevent or overcome and

whether caused or occasioned by or happening on account of

the act or omission of one of the parties hereto or some

person or concern not a party hereto. A failure to settle

or prevent any strike or other controversy with employees or

with anyone purporting or seeking to represent employees

shall not be considered to be a matter within the control

of the party claiming suspension.

 

Such causes or contingencies affecting the performance of

the Agreement by either Richfield or customer, however,

shall not relieve it of liability in the event of its

concurring negligence or in the event of its failure to use

due diligence to remedy the situation and remove the cause

in an adequate manner and with all reasonable dispatch. The

party claiming relief shall give notice and full particulars

of the same in writing or by telegraph to the other party as

soon as possible after the occurrence relied on. However,

such causes or contingencies affecting the performance of

the Agreement by either party shall not in any manner

relieve Customer in whole or in part of its obligations to

pay the monthly reservation charges provided for in the

applicable Rate Schedule hereof, which charge shall not be

subject to any adjustment on account of such force majeure.

 

8. NON-WAIVER OF FUTURE DEFAULTS

 

No waiver by either party of any one or more defaults by the

other in the performance of any provisions of any Agreement

between them under any Rate Schedule shall operate or be

construed as a waiver of any future default or defaults,

whether of a like or of a different character.

 

9. RESPONSIBILITY AGREEMENTS

 

Upon receiving delivery of gas to be stored at the Point of

Delivery and Redelivery, Richfield shall be in exclusive

control and possession of such gas and responsibilities for

any loss thereof, or any and all injury or damage caused

thereby, until the equivalent