Mississippi Canyon Gas Pipeline, LLC

First Revised Volume No. 1

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Effective Date: 12/20/1998, Docket: CP96-159-006, Status: Effective

Original Sheet No.86 Original Sheet No.86 : Effective

 

 

GENERAL TERMS AND CONDITIONS (cont'd)

 

 

7.3 Force Majeure - (b) (cont'd)

 

of due diligence such party is unable to prevent

or overcome; such term shall likewise include the

inability of either party to acquire, or delays on

the part of such party in acquiring at reasonable

cost and by the exercise of reasonable diligence,

servitudes, rights-of-way grants, permits,

permissions, certificates, authorizations,

licenses, materials or supplies which are required

to enable such party to fulfill its obligations

hereunder. It is understood and agreed that the

settlement of strikes or lockouts shall be

entirely within the discretion of the person

affected, and the above requirements that any

Force Majeure shall be remedied with all

reasonable dispatch shall not require the

settlement of strikes or lockouts when such course

is inadvisable in the discretion of the person

affected thereby.

 

(c) If an incident of Force Majeure claimed by

Transporter prevents Transporter from performing

transportation service for Shippers under existing

Transportation Service Agreements under Rate

Schedules FT-1 and FT-2, then to the degree such

service is not available for those Shippers' use,

no reservations charges will be collected by

Transporter for the degree of service not

available to those Shippers.

 

(d) If an incident of Force Majeure claimed by Shipper

prevents Shipper from either tendering gas

quantities to Transporter at the Receipt Point(s)

or receiving gas quantities at the Delivery

Point(s) up to Shippers' MDQ under FT-1 or FT-2

Transportation Service Agreement(s), Shipper shall

continue to pay reservations charges to

Transporter. If the incident of Force Majeure

continues for more than 90 consecutive days, then

commencing on the 91st day up to the effective

termination date of the specific incident of Force

Majeure, all reservations charges collected by

Transporter from Shipper attributable to the

difference between the quantity of gas delivered

to Transporter by Shipper at Receipt.