Tres Palacios Gas Storage LLC

Original Volume No. 1

 Contents / Previous / Next / Main Tariff Index

Effective Date: 08/01/2008, Docket: RP08-424-000, Status: Effective

Original Sheet No. 147 Original Sheet No. 147

GENERAL TERMS AND CONDITIONS

(Continued)

17.2 Nature of Force Majeure. The term "Force Majeure"

as employed herein and in Customer's Storage Service Agreement

shall mean any cause, whether of the kind enumerated herein or

otherwise, not reasonably within the control of TRES PALACIOS,

such as acts of God; strikes, lockouts and industrial disputes or

disturbances; inability to secure or delays in obtaining labor,

materials, supplies, permits, easements or rights-of-way,

including inability to secure materials by reason of allocations

promulgated by authorized governmental agencies; arrests and

restraints of governments and people; interruptions by government

or court orders; present and future valid orders, decisions or

rulings of any government or regulatory entity having proper

jurisdiction; acts of the public enemy; vandalism; wars; riots;

civil disturbances; sabotage or terrorism; blockades;

insurrections; epidemics; landslides; lightning; tornadoes;

hurricanes; earthquakes; fires; storms; floods; washouts;

inclement weather which necessitates extraordinary measures and

expense to maintain operations; explosions; breakage, accidents

and/or maintenance to plant facilities including machinery, lines

of pipe, accidents and/or unscheduled maintenance of wells or

subsurface storage caverns or reservoirs; testing (as required by

governmental authority or as deemed necessary by TRES PALACIOS for

the safe operation of the facilities required to perform the

services hereunder); and the making of repairs or alterations to

pipelines, storage, and plant facilities including Transporter's

(s') pipeline repairs. It is understood and agreed that the

settlement of strikes or lockouts shall be entirely within the

discretion of TRES PALACIOS, and that the above requirements that

any Force Majeure shall be remedied with all reasonable dispatch

shall not require the settlement of strikes or lockouts by

acceding to the demands of opposing party when such course is

inadvisable in the discretion of TRES PALACIOS.

18. NOTICES

Any notice, request, demand, or statement provided for in

Customer's Storage Service Agreement, except as otherwise herein

provided, shall be given in writing, delivered in person, by

United States Mail or via e-mail or facsimile, to the parties at

the addresses shown in the executed Storage Service Agreement or

at such other addresses as may hereafter be furnished to the other

party in writing.

Any notice initially delivered by fax shall be confirmed by

regular mail within one (1) week after transmission of the fax.

19. FUEL REIMBURSEMENT

19.1 Categories of Fuel Usage. The two general

categories of fuel usage are: (1) Direct Fuel Usage, consisting of

(a) compression fuel (including electricity), (b) dehydration

fuel, and (c) line heating fuel; and (2) Indirect Fuel Usage,

consisting of fuel that is consumed on site to (a) generate

electricity, (b) heat the facility (if any), and (c) fuel TRES

PALACIOS vehicles.