UGI LNG, Inc
Original Volume No. 1
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Effective Date: 06/01/2009, Docket: RP09-365-000, Status: Effective
Original Sheet No. 49 Original Sheet No. 49
either party being rendered unable, wholly or in part, by force
majeure or operating conditions to carry out its obligations other
than (i) the obligation of Customer to pay daily demand charges to
Company and (ii) the obligation to make payment of amounts accrued
and due at the time thereof, it is agreed that on such party's
giving notice and full particulars of such force majeure in writing,
facsimile, telephone or through electronic means to the other
party within a reasonable time after the occurrence of the cause
relied on, the obligations of both parties, so far as they are
affected by such force majeure, shall be suspended during the
continuance of any inability so caused, but for no longer period,
and such cause shall so far as possible be remedied with all reasonable
dispatch.
Neither party shall be liable in damages to the other for any act,
omission or circumstance occasioned by, or in consequence of, force
majeure or operating conditions, as herein defined. Such causes or
contingencies affecting the performance by either party, however,
shall not relieve it of liability unless such party shall give notice
and full particulars of such cause or contingency in writing, facsimile,
telephone or through electronic means to the other party within a
reasonable time after the occurrence relied upon, nor shall such
causes or contingencies affecting the performance by either party
relieve it of liability in the event of its failure to use due diligence
to remedy the situation and remove the cause with all reasonable
dispatch, provided that the resolution of strikes, lockouts or other
labor disputes shall be within the sole discretion of the party
involved therein. Such causes or contingencies affecting the
performance of either party shall not relieve Customer from
(i) its obligation to make payments of daily demand charges except
to the extent that such causes or contingencies are caused
by Company's negligence or willful misconduct, and (ii) its obligation
to make payment of amounts accrued and due at the time
thereof.
11.2 Daily Interruption or Allocation of Services Due to
Force Majeure or Unscheduled Operating Conditions
(a) If, due to force majeure or unscheduled operating conditions,
Company is unable to receive, liquefy, vaporize or redeliver gas
tendered by Customers for firm contract storage service, then
Company, shall order reduction of service in accordance with the
following provisions:
(i) In cases where Company's ability to provide service under
Rate Schedule LNG-I and/or LF-I is affected, Company shall
first order interruption or allocation of service on a pro-rata
basis.