Ozark Gas Transmission, L. L. C.

Original Volume No. 1

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Effective Date: 11/01/1998, Docket: CP98-266-005, Status: Effective

Substitute Original Sheet No. 24 Substitute Original Sheet No. 24 : Effective

 

 

RATE SCHEDULE FTS (continued)

 

equipment of pipelines; inability of either party hereto

to obtain necessary material, supplies, or permits, or

labor to perform or comply with any obligations or

conditions of this Rate Schedule FTS or an executed FTS

Agreement; inability to obtain rights-of-way; compliance

with tariff provisions of downstream pipelines; and any

other causes, whether of the kind herein recited or not,

which are not reasonably in the control of the party

claiming suspension.

 

8.3 Service under this Rate Schedule FTS may be interrupted

or curtailed for reasons of force majeure or due to any

other scheduled routine, repair, and maintenance to be

reasonably determined by Transporter. Without limitation

of the foregoing, Transporter shall have the right to

equitably reduce receipts or deliveries of Natural Gas on

any Day below the MDQ to permit maintenance, repair,

overhaul, replacement, or construction of pipelines,

compressors, metering, regulating, or other production,

gathering, and transmission facilities and equipment or

due to facility maintenance or freeze offs.

 

8.4 In the event on any Day Transporter is unable to receive

for transportation the total MDQ of any Shipper receiving

service under this Rate Schedule FTS due to reasons of

force majeure or any other operational consideration to

be reasonably determined by Transporter, then the system

capacity which is available for transportation shall be

allocated pro rata based on MDQ.

 

8.5 Partial Demand Charge Credits in Force Majeure

Circumstances. If during any Month Transporter shall

have failed, by reason of force majeure, to deliver for

the account of Shipper on any Day a quantity of Natural

Gas equivalent to the MDQ or such lesser quantity of

Natural Gas (exclusive of Fuel Usage and Applicable

Shrinkage) as shall have been tendered by or for the

account of Shipper (a "Firm Delivery Shortfall"),

Transporter shall become obligated to provide a partial

demand charge credit in favor of Shipper, as specified in

this Section 8.5. Notwithstanding the occurrence of a

Firm Delivery Shortfall, Shipper shall remain obligated

to pay to Transporter the full amount of the applicable

monthly Demand Charge specified in Section 3.2 of Rate

Schedule FTS and the applicable FTS Agreement for the

Month in which the Firm Delivery Shortfall occurred.

Transporter shall, however, reflect in the invoice

rendered Shipper for service under the applicable FTS

Agreement in the next succeeding Month partial demand

charge credits corresponding to the Firm Delivery

Shortfall. Such partial demand charge credits shall be

calculated as to each