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.