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.