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.