Southwest Gas Storage Company

First Revised Volume No. 1

 Contents / Previous / Next / Main Tariff Index

 

 

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.