Wyoming Interstate Company, Ltd.

Second Revised Volume No. 2

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Effective Date: 06/01/2010, Docket: RP09-148-004, Status: Effective

Second Revised Sheet No. 78A Second Revised Sheet No. 78A

Superseding: First Revised Sheet No. 78A

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

11. SYSTEM OPERATIONAL PARAMETERS (Continued)

 

11.2 Force Majeure (Continued)

 

(c) Limitations. Such force majeure affecting the performance

hereunder by either Transporter or Shipper, however, shall

not 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

hereunder. Any force majeure which results in

Transporter's inability to transport all or any portion of

Shipper's Gas, or any force majeure which results in

Shipper's inability to Tender Gas to Transporter for

transportation hereunder or any other force majeure

whatsoever shall not operate to suspend or otherwise

affect in any way Shipper's obligation to pay the

applicable Reservation Charge, except as provided in

Section 16 of the General Terms and Conditions. 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 quantities of Gas made available to it. Such use

of excess capacity shall not interfere with Shipper's

right to have its Gas transported.

 

(d) Balancing Charges and Balancing Penalties. Failure of

Shipper to fulfill responsibilities which contribute to

imbalances pursuant to the General Terms and Conditions

shall not be utilized in computing charges or penalties

due to the extent that such failure is the direct result

of force majeure on the system of a supplier or upstream

or downstream transporter of Shipper or other force

majeure situations outside the control of Shipper.

Provided, however, that such force majeure shall not

include failure of Gas supply for reasons other than

physical impairment of facilities, and provided that the

foregoing portions of this Section 11.2(d) shall be

applicable only after Transporter has received actual

notice of the full particulars of the nature, location and

consequences of such event(s) of force majeure from

Shipper or Shipper's agent.