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.