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. 59D Original Sheet No. 59D : Effective

 

RATE SCHEDULE ISS

INTERRUPTIBLE STORAGE SERVICE (Continued)

 

10. POINTS OF RECEIPT AND DELIVERY

10.1 The Point of Receipt and Point of Delivery under

this Rate Schedule ISS shall be at Transporter's

storage at the Greasy Creek Storage Field in

Hughes County, Oklahoma.

 

11. FORCE MAJEURE

 

11.1 If by reason of force majeure either Transporter

or Shipper is rendered unable, wholly or in part,

to carry out its obligations under an executed ISS

Service Agreement, other than to make payments

when due, and if such party gives notice in the

form set forth in an executed ISS Service

Agreement and reasonably full particulars of such

force majeure condition within a reasonable time

after the occurrence of the cause relied on, the

party giving such notice, so far as and to the

extent that it is affected by such force majeure,

shall be excused from performance under the ISS

Service Agreement; provided, however, such force

majeure condition shall be remedied with all

reasonable dispatch. Settlement of labor

difficulties shall be strictly within the

discretion of the party having the difficulty.

 

11.2 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 ISS or an executed ISS 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.