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.