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.