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.