Midwest Gas Storage, Inc.

First Revised Volume No. 1

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Effective Date: 05/15/1994, Docket: CP90-454-004, Status: Effective

Original Sheet No. 525 Original Sheet No. 525 : Effective

 

 

of facilities; breakage or accident to machinery or lines

of pipe; the authority or as deemed necessity for testing

(as required by governmental authority or as deemed

necessary by Midwest for the safe operation thereof), the

necessity of making repairs or alterations to machinery or

lines of pipe; failure of surface equipment or pipe lines;

accidents, breakdowns, inability to obtain necessary

materials, supplies or permits, or labor to perform or

comply with any obligation or condition of this Agreement,

rights of way; and any other causes, whether of the kind

herein enumerated or otherwise which are not reasonably in

Midwest's control. It is understood and agreed that the

settlement of strikes or lockouts or controversies with

landowners involving rights of way shall be entirely within

Midwest's discretion and that the above requirement that

any force majeure shall be remedied with all reasonable

dispatch shall not require the settlement of strikes or

lockouts or controversies with landowners involving rights

of way by acceding to the demands of the opposing party

when such course is inadvisable in the discretion of

Midwest.

 

10.2 Notice and Effect of Force Majeure. If by reason of force

majeure either Midwest, any Shipper, or other party subject

to this tariff is rendered unable, wholly or in part, to

carry out its obligations under this Agreement, it is

agreed that on such party giving notice in full particulars

of such force majeure by telephone or facsimile, followed

by a writing, to the other party within a reasonable time

after the occurrence of the cause relied on, the party

giving such notice, so far as and to the extent that it is

affected by such force majeure, shall not be liable in

damages during the continuance of any inability so caused,

but for no longer period, and such cause shall so far as

possible be remedied with all reasonable dispatch. If

Midwest is the party giving notice of the force majeure

event, Midwest will also post such notice on its EBB.

Midwest shall not be liable in damages to Shipper other

than for acts of gross negligence or willful misconduct and

then only where force majeure does not apply.

 

10.3 Limitations. Such force majeure affecting the performance

hereunder by either Midwest or Shipper, however, shall not

relieve such party of liability in the event of concurring