Oktex Pipeline Company
Original Volume No. 1
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Effective Date: 06/01/1997, Docket: RP97-103-002, Status: Effective
First Revised Sheet No. 31 First Revised Sheet No. 31 : Effective
Superseding: ORIGINAL SHEET NO. 31
6. Transporter shall not be required to render transportation service on behalf of any Shipper which
fails to comply with any or all of the terms of the applicable Rate Schedule under which such service is
rendered on behalf of such Shipper and with these General Terms and Conditions and the terms of the Gas
Transportation Contract(s) between Transporter and Shipper.
XII. FORCE MAJEURE AND REMEDIES
1. Relief from liability. Neither Transporter nor Shipper shall be liable in damages to the other
for any act, omission or circumstance occasioned by or in consequence of any event constituting force majeure
and, except as otherwise provided in Section 2 of this Article XII, the obligations of Transporter and
Shipper shall be excused during the period thereof to the extent affected by such events of force majeure.
The term "force majeure" shall mean acts of God, strikes, lockouts, acts of the public enemy, wars,
blockages, insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, storms, floods,
washouts, arrests and restraints of rulers, peoples, civil disturbances, explosions, breakage or accident to
machinery or lines of pipe, line freeze-ups, the binding order of any court or governmental authority which
has been resisted in good faith by all reasonable legal means and any other cause, whether the kind herein
enumerated or otherwise, and whether caused or occasioned by or happening on account of the act or omission
of one of the parties to the Gas Transportation Contract between Transporter and Shipper or some person or
concern not a party thereto, which is not within the control of the party claiming excuse and which by the
exercise of due diligence such party is unable to prevent or overcome. A failure to settle or prevent any
strike or other controversy with employees or with anyone purporting or seeking to represent employees shall
not be considered to be a matter within the control of the party claiming excuse. Under no circumstances
will lack of finances be construed to constitute force majeure.
2. Liabilities not relieved. Such causes or contingencies affecting the performance of said Gas
Transportation Contract by either party, however, shall not relieve it of liability in the event of its
concurring negligence or in the event of its failure to use due diligence to remedy the situation and remove
the cause in an adequate manner and with all reasonable dispatch nor shall such causes or contingencies
affecting the performance of said contract relieve either party from its obligation to pay the applicable
demand charge thereunder nor shall such causes or contingencies relieve either party of liability unless such
party shall give notice and full particulars of the same in writing or by telegraph to the other party as
soon as possible after the occurrence relied on. Shipper's obligation to pay applicable demand charges shall
not be suspended by any failure of Transporter to deliver gas to or on behalf of Shipper for any reason or
cause whatsoever, whether or not described in this Article XII, except in the event that such failure is
caused by the negligence or intentional misconduct of Transporter.
3. In the event Transporter is unable, wholly or in part, to make capacity available for
transportation of the Maximum Input Quantities to which all Shippers are entitled under their gas
Transportation contracts with Transporter during any month, then Shipper shall be entitled to such proportion
of the total impaired transportation capacity as the sum of Shipper's Maximum Input Quantities bears to the
sum of the total Maximum Input Quantities for firm transportation service of all Shippers affected by the
impairment of transportation capacity. Transporter shall not bear any liability for any curtailment of
transportation service to Shipper undertaken pursuant to the provisions of this Section 3 of Article XII and
due to one or more of the causes stated in Section 1 of this Article XII or to routine maintenance of
Transporter's System. To the extent that curtailment is caused by a matter described in Article XII, any
liability that Transporter may have shall be limited to that set forth in said Article XII.
4. Termination of Gas Transportation Contract. If either Transporter or Shipper shall fail to
perform any of the material covenants or obligations imposed upon it by the Gas Transportation Contract,
subject to the applicable provisions of this Tariff, then in such event the other party may at its option
terminate said contract by proceeding as follows: the party not in default shall cause a written notice to