Young Gas Storage Company, Ltd.

Original Volume No. 1

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Effective Date: 08/01/2010, Docket: RP10-921-000, Status: Effective

Fourth Revised Sheet No. 92A Fourth Revised Sheet No. 92A

Superseding: Third Revised Sheet No. 92A

 

GENERAL TERMS AND CONDITIONS

(Continued)

11. SYSTEM OPERATIONAL PARAMETERS

11.1 Force Majeure. In the event of either Party's being rendered, wholly

or in part by force majeure, unable to carry out its obligations

under the Agreement, it is agreed that when such Party gives notice

and full particulars of such force majeure, in writing or by

facsimile, to the other Party which shall be done as soon as

practicable after the occurrence of the causes relied on, then the

obligations of the Parties hereto, other than its obligation to make

payments of amounts due hereunder, so far as they are affected by

such force majeure, shall be suspended during the continuance of any

inability so caused, but for no longer period, and such cause shall,

so far as possible, be remedied with all reasonable dispatch.

However, if quantities of Shipper's Gas are destroyed by an event of

force majeure while in Transporter's possession, the obligations of

the Parties under the Agreement shall terminate with respect to the

quantities lost.

 

The term "force majeure" as used in this Tariff shall include, but

shall not be limited to, acts of God, strikes, lockouts or other

industrial disturbances, acts of the public enemy or terrorists,

wars, blockades, insurrections, riots, epidemics, landslides,

lightning, volcanoes, hurricanes, tornadoes, earthquakes, fires,

storms, floods, washouts, arrest and restraint of rulers and

peoples, civil disturbances, explosions, breakage or accident to

machinery or lines of pipe, freezing of pipeline, partial or entire

failure of wells, failure to obtain materials and supplies due to

governmental regulations, and causes of like or similar kind,

whether herein enumerated or not, and not within the control of the

Party claiming suspension, and which by the exercise of due

diligence such Party is unable to overcome; provided that the

exercise of due diligence shall not require settlement of labor

disputes against the better judgment of the Party having the

dispute.

 

The term "force majeure" as employed herein shall also include, but

shall not be limited to, inability to obtain or acquire at

reasonable cost, grants, servitudes, rights-of-way, permits,

licenses, or any other authorizations from third parties or agencies

(private or governmental) or inability to obtain or

acquire at reasonable cost necessary materials or supplies to

construct, maintain, and operate any facilities required for the

performance of any obligations under the Agreement, when any such

inability directly or indirectly contributes to or results in either

Party's inability to perform its obligations. In events of force

majeure, Transporter's responsibility will be limited to taking

reasonable and prudent actions to eliminate or remedy such

circumstances, and Transporter shall have no liability for any

losses occasioned by events of force majeure.