Westgas Interstate, Inc.

First Revised Volume No. 1

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Effective Date: 09/01/1993, Docket: RS92- 89-002, Status: Effective

Original Sheet No. 51 Original Sheet No. 51 : Effective

 

GENERAL TERMS AND CONDITIONS

 

11. FORCE MAJEURE

 

11.1 If by reason of an event of force majeure either

Transporter or Shipper is rendered unable, wholly or in

part, to perform its obligations under a service

agreement incorporating these General Terms and

Conditions, other than to make payments when due, and

if such party gives notice of such event within a

reasonable period of time and provides full particulars

of such event in writing or by electronic communication

(other than telephone) after the occurrence of an event

of force majeure, nonperformance of the party giving

such notice shall be excused during the continuance of

such event and to the extent its performance is

affect by such event. The party claiming force majeure

shall use due diligence to remedy its nonperformance

with all reasonable dispatch, including the making of

provision for such alternate performance as may be

economical and practical.

 

11.2 No event of force majeure affecting the

performance by Transporter or Shipper shall relieve

such party of liability in the event of failure to use

due diligence to remedy the situation and to remove the

cause in an adequate manner and with all reasonable

dispatch, nor shall such causes or contingencies

affecting such performance relieve either party from

its obligations to make payments as determined under

the applicable rate schedule. Any event of force

majeure that results in Transporter's inability to

transport all or any portion of Shipper's gas or any

event of force majeure that results in Shippers'

inability to tender gas to Transporter for

transportation shall not operate to suspend or

otherwise affect in any way Shipper's obligation to pay

the applicable reservation charge. During any period

when receipts are suspended in whole or in part due to

force majeure as defined above, Transporter may use

excess capacity created thereby to transport or

exchange any other volumes of gas made available to

it. Such use of excess capacity shall not interfere

with Shipper's right to have its gas transported.