Markwest New Mexico, L. L. C.
Second Revised Volume No. 1
Contents / Previous / Next / Main Tariff Index
Effective Date: 08/01/2008, Docket: RP08-409-000, Status: Effective
Original Sheet No. 130 Original Sheet No. 130 used herein shall include, without limitation, any regulation, direction, order or request (whether valid or invalid) made by any governmental authority or person acting for a governmental agency, as well as the act or failure or refusal to act, whether rightfully or wrongfully done, of any governmental agency, authority, officer, or court charged with the interpretation, enforcement, or administration of any applicable law, rule or regulation, which act or failure or refusal to act effectively delays issuance of, or denies to either party, any permit, license, or approval reasonably necessary for the construction, development, operation, or repair of any facilities necessary or the performance of the Transportation Agreement. 14.2 Suspension of Obligations If either Transporter or Shipper is prevented, or is delayed wholly or in part, from carrying out any of its obligations under this Tariff or a Transportation Agreement due to Force Majeure or its effects, and if that party gives the other party written notice and full particulars of the Force Majeure event as soon as reasonably practical, the obligations of the party giving the notice shall be suspended, except as otherwise stated in the Agreement and except for Shipper's obligation to make payments for transportation of gas previously delivered to Shipper, to the extent made necessary during the continuance of Force Majeure or its effects. The party claiming Force Majeure shall incur no liability except as set out in this Tariff or a Transportation Agreement by reason of its failure to perform the obligation so suspended; provided, however, that the disabling effects of Force Majeure shall be eliminated by the affected party as soon as and to the extent reasonably possible. If Force Majeure prevents Transporter or Shipper from complying with the terms and conditions of a Transportation Agreement for a period in excess of three (3) Months in any twelve-Month period, the party not claiming Force Majeure may terminate such Agreement upon ten (10) Days prior written notice to the other party; provided, however, that such termination in the initial term will require a termination payment by the party claiming Force Majeure.