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.