Oktex Pipeline Company

Original Volume No. 1

 Contents / Previous / Next / Main Tariff Index

 

 

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