UGI LNG, Inc

Original Volume No. 1

 Contents / Previous / Next / Main Tariff Index

 

 

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.