Ozark Gas Transmission, L. L. C.

Original Volume No. 1

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Effective Date: 10/01/2001, Docket: RP00-408-001, Status: Effective

Original Sheet No. 60H Original Sheet No. 60H : Effective

 

RATE SCHEDULE PAL (continued)

 

9. FORCE MAJEURE

 

9.1 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 PAL

Agreement, other than to make payments when due,

and if such party gives notice in the form set

forth in an executed PAL 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 an executed PAL 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.

 

9.2 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 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 PAL or of the PAL

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.

 

9.3 Service under this Rate Schedule PAL 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 equitably to

reduce receipts or deliveries of Natural Gas on any Day

below the Maximum Daily Parking or Loaning Quantity, as

applicable, 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.