Saltville Gas Storage Company L.L.C.

Original Volume No. 1

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Effective Date: 02/07/2008, Docket: RP08-156-000, Status: Effective

Second Revised Sheet No. 145 Second Revised Sheet No. 145 : Effective

Superseding: First Revised Sheet No. 145

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

15. RESERVED FOR FUTURE USE

 

 

16. INSURANCE

 

Customer shall be responsible for providing its own insurance coverage

with respect to its Gas in the Saltville facility.

 

 

17. FORCE MAJEURE

 

17.1 Effect of Force Majeure. Unless otherwise agreed to by the

Parties, in the event Saltville is rendered unable, wholly or in

part, by reason of an event of Force Majeure, as defined herein,

to perform, wholly or in part, any obligation or commitment under

Customer's service agreements, it is agreed that upon Saltville's

giving notice and full particulars of such Force Majeure event in

writing to Customer within seventy-two (72) hours after the

occurrence of the cause relied on, then the obligations of

Saltville shall be suspended to the extent that Saltville is

affected by such Force Majeure event and for the period of such

Force Majeure condition, but for no longer period, and such cause

shall as far as possible be remedied with all reasonable dispatch.

 

17.2 Nature of Force Majeure. Unless otherwise agreed to by the

Parties, the term "Force Majeure" as employed in Customer's

service agreements shall mean any cause whether of the kind

enumerated herein or otherwise, not reasonably within control of

Saltville, such as acts of God; strikes, lockouts and industrial

disputes or disturbances; inability to secure materials by reason

of allocations promulgated by authorized governmental agencies; or

delay in government and regulatory issued certifications; arrests

and restraints of government or court orders; present and future

valid orders, decisions or rulings of any government or regulatory

entity having proper jurisdiction; acts of the public enemy; wars;

riots; civil disturbances; blockades; insurrections; epidemics;

landslides; lightning; hurricanes; earthquakes; fires; storms;

flood; washouts; explosions; breakage, accidents and/or emergency

or non-scheduled maintenance to plant facilities including

machinery, lines of pipe, freezing of wells or lines of pipe; or

partial or entire failure of wells or reservoir integrity; and

Force Majeure on Transporter's facilities necessary to deliver Gas

to or receive Gas from Saltville, including Transporter(s)

pipeline repairs. It is understood and agreed that the settlement

of strikes or lockouts shall be entirely within the discretion of

Saltville, and that the above requirements that any Force Majeure

shall be remedied with all reasonable dispatch shall not require

the settlement of strikes or lockouts by acceding to the demands

of an opposing party when such course is inadvisable in the

discretion of Saltville.