Ozark Gas Transmission, L. L. C.
First Revised Volume No. 1
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Effective Date: 11/01/2008, Docket: RP08-617-000, Status: Effective
Original Sheet No. 125 Original Sheet No. 125
GENERAL TERMS AND CONDITIONS (continued)
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 Service Agreement, other than to
make payments when due, and if such party gives notice to the
other party reasonably describing the 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 condition, shall be excused from performance under the
agreement; provided, however, that the party claiming Force
Majeure shall endeavor to remedy such Force Majeure condition 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" is defined to include acts of God; severe weather
or storm warnings; 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, alterations, relocation, or construction to machinery or
lines of pipe; breakage or accident to machinery or lines of pipe;
freeze-offs; 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 FERC Gas Tariff or an executed Service
Agreement hereunder; inability to obtain rights-of-way; compliance
with tariff provisions of upstream and 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 Force
Majeure.
11.3 Service under this FERC Gas Tariff 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.