Ozark Gas Transmission, L. L. C.
Original Volume No. 1
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Effective Date: 11/01/1998, Docket: CP98-266-002, Status: Effective
Original Sheet No. 50 Original Sheet No. 50 : Effective
RATE SCHEDULE ITS (continued)
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 alternations to machinery
or lines of pipe; failure of surface 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 condition of
this Rate Schedule ITS or of the ITS 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 ITS 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 ITS 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
in accordance with the priorities set out in this Rate
Schedule ITS.
9. LAWS AND REGULATIONS
9.1 This Rate Schedule ITS and the executed ITS Agreement and
the obligations of the parties hereunder are subject to
all present and future valid laws with respect to the
subject matter hereof, either State or Federal, and to
all valid present or future decisions, orders, rules and
regulations of all duly constituted governmental
authorities having jurisdiction. The service provided
under this Rate Schedule ITS is implemented pursuant to
Transporter's blanket certificate issued pursuant to
Section 7(c) of the Natural Gas Act.