Tres Palacios Gas Storage LLC
Original Volume No. 1
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Effective Date: 08/01/2008, Docket: RP08-424-000, Status: Effective
Original Sheet No. 145 Original Sheet No. 145
GENERAL TERMS AND CONDITIONS
(Continued)
16. INSURANCE
As an accommodation to Customers under Rate Schedules FSS,
ISS, FP, IP and IHBS, TRES PALACIOS shall be responsible for
obtaining for the benefit of such customers insurance coverage
against casualty events that result in the loss of Gas held in
storage in the TRES PALACIOS storage facility, provided that such
insurance coverage is available to TRES PALACIOS on commercially
reasonable terms. TRES PALACIOS' undertaking to obtain such
insurance coverage shall not be deemed to shift the risk of loss
of Customers' Gas in storage to TRES PALACIOS. TRES PALACIOS
shall use commercially reasonable efforts from time to time to
identify each Customer under Rate Schedules FSS, ISS, FP, IP and
IHBS as a named insured under any insurance policy or policies
obtained pursuant to this Section 16. A Customer's recovery of
the proceeds of any insurance payment made in respect of a
casualty event involving the loss of Gas held in storage shall be
limited to the Customer's allocable share of the proceeds of
insurance paid over to TRES PALACIOS, such share to be determined
in accordance with the provisions of Section 12.2 of these General
Terms and Conditions. TRES PALACIOS shall make insurance
policy(ies) obtained from time to time pursuant to this Section 16
available to Customer for review upon Customer's reasonable
request.
17. FORCE MAJEURE, RESERVATION CHARGE CREDITS
17.1. (a) Effect of Force Majeure. In the event TRES
PALACIOS is rendered unable, wholly or in part, by reason of an
event of Force Majeure, as defined herein, to perform, wholly or
in part, any obligation or commitment under Customer's Storage
Service Agreement, it is agreed that upon TRES PALACIOS' giving
notice and full particulars of such Force Majeure event on its
Internet Web Site and/or in writing to Customer within seventy-two
(72) hours after the occurrence of the cause relied on, then the
obligations of TRES PALACIOS shall be suspended to the extent that
TRES PALACIOS' ability to perform such obligations is affected by
such Force Majeure event and for the period of such Force Majeure
condition, but for no longer period, and such cause shall as far
as possible be remedied with all reasonable dispatch.
(b) Force Majeure and Obligation to Pay/Credit
Reservation Charges. A Customer taking firm service under Rate
Schedules FSS, NNSS, FP or FL shall not be relieved of its
obligation to pay Reservation Charges specified in such firm Rate
Schedules due to an event of Force Majeure and TRES PALACIOS shall
include the full amount of such Reservation Charges on the
Customer's invoice for any Month in which an event of Force
Majeure shall have occurred, provided, however, that TRES PALACIOS
shall calculate credits against the Customer's Reservation Charges
payable under Rate Schedules FSS, NNSS, FP or FL and its Storage
Service Agreement to reflect any reduction in TRES PALACIOS'
ability to render firm services resulting from an event of Force
Majeure declared by TRES PALACIOS and shall include such credits
on the firm Customer's invoice for the next succeeding Month, in
accordance with Section 17.1(c) below.