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Original Sheet No. 71 Original Sheet No. 71 : Superseded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