Puget Sound Energy, Inc.

Original Volume No. 1

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Effective Date: 11/01/1998, Docket: CP98-250-002, Status: Effective

Original Sheet No. 61 Original Sheet No. 61 : Effective

 

 

9.3 No Modification of Agreement

 

The arbitrator shall have no power to alter or modify any

provision of this Agreement or to render any decision which by its

terms effects any such alteration or modification or is otherwise

inconsistent with this Agreement.

 

9.4 Expenses

 

All expenses in connection with such arbitration, including a

reasonable compensation to the arbitrator, shall be divided

equally among the participating Owners, with the exception of

expenses of witnesses and employees of the Owners hereto, which,

unless otherwise determined by the arbitrator, shall be borne by

the Owner(s) incurring them; except that the prevailing Owner in

any such arbitration shall be entitled to an award of its

reasonable attorneys' fees and expenses.

 

ARTICLE 10. FORCE MAJEURE

 

10.1 Suspension of Obligations

 

Provided that notice is given as required by Paragraph 10.3 below,

an Owner, including the Project Operator, shall not be considered

to be in breach of or default under this Agreement, and its

obligations (other than obligations to pay money when due) under

this Agreement shall be suspended in the event and for as long as

such Owner is prevented from fulfilling its obligations by reason

of Force Majeure; provided, however, such Owner shall be obligated

to perform all obligations under this Agreement not subject to the

Force Majeure event.

 

10.2 Definition

 

The term "Force Majeure," shall be deemed for the purposes of this

Agreement to mean any cause or condition beyond an Owner's

reasonable control which such Owner is unable to overcome by the

exercise of reasonable diligence including but not limited to mean

acts of God, strikes, lockouts or other industrial disturbances,

acts of the public enemy, wars,