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.