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.