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. 62 Original Sheet No. 62 : Effective

 

 

blockades, insurrection, riots, epidemics, landslides, lightning,

earthquakes, fires, storms, floods, high water, washouts, arrests

and restraints of governments and people, civil disturbances,

explosions, breakage or accident to machinery or lines of pipe and

other operating facilities, the necessity for making repairs or

alterations to machinery or lines of pipe, freezing of meters or

lines of pipe or unplanned outages on Owner's facilities or

pipeline, acts of civil or military authority (including, but not

limited to, courts or administrative or regulatory agencies), and

any other cause, whether of the kind herein enumerated or

otherwise, not within the control of the Owner claiming suspension

and which, by the exercise of due diligence such Owner is unable

to prevent or overcome. Should there be an event of Force Majeure

affecting performance under this Agreement, such event will be

remedied with all reasonable dispatch to ensure resumption of

normal performance. It is understood and agreed that the

settlement of strikes or lockouts will be entirely within the

discretion of the entity having the difficulty, and the above

requirement that any Force Majeure will be remedied with all

reasonable dispatch will not require the settlement of strikes or

lockouts by acceding to the demands of the opposing Owner or any

other person when such course is inadvisable in the discretion of

the Owner having the difficulty.

 

10.3 Notice of Force Majeure

 

An Owner may not assert Force Majeure as an excuse for failure to

perform under this Agreement unless such Owner notifies the other

Owners in writing within a reasonable time, but not in excess of

six (6) days, after the commencement of the failure to perform due

to Force Majeure. The notice shall specify in full the nature of

the Force Majeure, the date of its commencement, the date of the

commencement of the failure to perform (if different from the date

of the commencement of the Force Majeure), the measures to be

taken to alleviate such Force Majeure and the estimated time such

corrective action is expected to take.