Southwest Gas Storage Company

Original Volume No. 1

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Effective Date: 01/20/1991, Docket: CP90-1014-002, Status: Effective

Original Sheet No. 71 Original Sheet No. 71 : Superseded

 

 

RATE SCHEDULE FSS (Continued)

FIRM STORAGE SERVICE

 

 

(2) Buyer shall have the responsibility to inform its

suppliers, transporters and all others involved in the

transaction, as to any curtailment or interruption.

 

(3) Buyer shall indemnify Seller against and hold

Seller harmless from any and all damages, claims,

suits, actions or proceedings whatsoever

threatened or initiated as a result of any

curtailment or interruption invoked by Seller.

 

6.10 Force Majeure

 

In the event, to the extent, and for so long as either

Seller or Buyer is unable, by reason of Force Majeure, to

carry out its obligations hereunder, in whole or in part, the

obligations of either of Seller or Buyer, 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 Seller or Buyer claiming

suspension, and which by the exercise of due diligence,

either of Seller or Buyer 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 Seller or Buyer to acquire, or the delays on the part

of either of Seller or Buyer 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