Mogas Pipeline LLC (Fomerly Missouri Interstate Gas)

First Revised Volume No. 1

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Effective Date: 06/01/2008, Docket: CP06-407-002, Status: Effective

Original Sheet No. 86 Original Sheet No. 86 : Pending

 

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

27. Force Majeure

 

27.1 It is expressly agreed that Transporter shall not be liable

on any account whatsoever to Shipper for any failure,

interruption or diminution in delivery of gas hereunder for any

act, omission or circumstance occasioned by or in consequence of

accident to or breakage of pipelines, equipment or machinery,

explosions, landslides, earthquakes, fires, lightning, floods,

washouts, freezing, storms, the elements, the making of repairs,

alterations or replacements, strikes, lockouts or other

industrial disturbances, riots, insurrections, civil

disturbances, pestilence, acts of God, terrorism or the public

enemy, war, legal interferences, orders or requirements of any

court of competent authority, or government agency, depletion or

destruction of gas wells or fields, diminution or failure of, or

interference, partial or entire, with Transporter's natural gas

supply, or, and without limitation by the foregoing, any other

causes beyond reasonable control of Transporter.

 

27.2 If, due to an event of force majeure, Transporter is unable

to deliver any portion of the Shipper's firm MDQ for a period

greater than ten (10) consecutive days, then for the period

beyond ten (1) days that Transporter so fails to provide service,

the applicable reservation charges shall not apply to the

quantity of gas not delivered by Transporter within the Shipper's

firm MDQ. However, the applicable reservation charges shall not

be eliminated to the extent that the Shipper utilizes secondary

points on Transporter's system.

 

27.3 Shipper shall not be liable to Transporter for any failure

to accept natural gas hereunder when occasioned by or in

consequence of accident to or breakage of pipelines, equipment or

machinery, explosions, landslides, earthquakes, fires, lightning,

floods, washouts, freezing, storms, the elements, the making of

repairs, alterations or replacements, strikes, lockouts or other

industrial disturbances, riots, insurrections, civil

disturbances, pestilence, acts of God, terrorism or the public

enemy, war, legal interferences, orders or requirements of any

court of competent authority, or government agency, depletion or

destruction of gas wells or fields, diminution or failure of, or

interference, partial or entire, with Transporter's natural gas

supply, or, and without limitation by the foregoing, any other

causes beyond reasonable control of Transporter.