Southwest Gas Storage Company
First Revised Volume No. 1
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Effective Date: 12/15/1999, Docket: RP00- 58-000, Status: Effective
Original Sheet No. 143 Original Sheet No. 143 : Effective
GENERAL TERMS AND CONDITIONS
(Continued)
15.FORCE MAJEURE
In the event, to the extent, and for so long as either Southwest or
Shipper is unable, by reason of Force Majeure, to carry out its
obligations hereunder, in whole or in part, the obligations of either
of Southwest or Shipper, other than to make payments due, shall be
suspended, in whole or in part. Force Majeure, as employed herein,
shall mean any cause, whether of the kind herein enumerated or
otherwise, not within the control of either of Southwest or Shipper
claiming suspension, and which by the exercise of due diligence, either
of Southwest or Shipper has been unable to prevent or overcome,
including without limitation, acts of God, the government, or a public
enemy; strikes, lockouts, or other industrial disturbances; wars,
blockades, or civil disturbances of any kind; epidemics, landslides,
hurricanes, earthquakes, crevasses, washouts, tornadoes, storms,
fires, explosions, arrests, and restraints of governments or people;
freezing of, breakage or accident to, or the necessity for making
repairs or alterations to wells, machinery or lines of pipe; partial or
entire failure of wells; and the inability of either Southwest or
Shipper to acquire, or the delays on the part of either of Southwest or
Shipper in acquiring, at reasonable cost and after the exercise of
reasonable diligence: (a) any servitudes, rights of way grants,
permits, or licenses; (b) any materials or supplies for the
construction or maintenance of facilities; or (c) any permits or
permissions from any governmental agency; if such are required to
enable either of Southwest or Shipper to fulfill its obligations
hereunder. Additionally, Southwest or Shipper shall be excused in
whole or in part, from its performance, for the inability to obtain
transportation from or through third party pipelines, or as a result of
supervening or fortuitous events or circumstance, whether or not
foreseeable, or within the contemplation of Southwest or Shipper at the
time that the Storage Service Agreement was entered into, which makes
performance of Southwest's obligations hereunder commercially
impracticable. Either Southwest or Shipper claiming Force Majeure
shall give to the other(s) notice and full particulars of such Force
Majeure by telephone as soon as reasonably possible after the
occurrence of the case relied on, and shall remedy such inability to
perform with all reasonable dispatch; provided, however, that such
requirement or remedy shall not require the settlement of strikes or
lockouts by accession to the demands of those opposing either of
Southwest or Shipper when such course is inadvisable in the discretion
of either of Southwest or Shipper.