Ozark Gas Transmission, L. L. C.

Original Volume No. 1

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Effective Date: 03/01/2002, Docket: RP02-155-000, Status: Effective

Original Sheet No. 34C Original Sheet No. 34C : Effective

 

RATE SCHEDULE FSS

FIRM STORAGE SERVICE (Continued)

 

all reasonable dispatch. Settlement of labor

difficulties shall be strictly within the

discretion of the party having the difficulty.

 

12.2 Force Majeure Defined. Without limitation by this

recital, force majeure shall include acts of God;

acts of a public enemy; fires; necessity for

compliance with any court order, law, regulation

or ordinance of authorities having jurisdiction,

either federal or state, civil or military; civil

disturbances, shutdowns for purposes of necessary

repairs, relocation, or construction of

facilities; breakage or accident to machinery or

lines of pipe; the necessity for testing (as

required by governmental authority or as deemed

necessary by the testing party for the safe

operation thereof); the necessity of making

repairs or alterations to machinery or lines of

pipe; failure of surface equipment or 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 FSS or an

executed FSS Service 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.

 

12.3 Service under this Rate Schedule FSS 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 Maximum Daily Withdrawal

Quantity to permit maintenance, repair, overhaul,

replacement, or construction of pipelines,

compressors, metering, regulating or facilities

and equipment or due to facility maintenance or

freeze offs.

 

12.4 In the event on any Day Transporter is unable to

receive for storage the total Maximum Daily Withdrawal

Quantity of any Shipper receiving service under this Rate

Schedule FSS 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 MDWQ.