Southern LNG Inc.

Original Volume No. 1

 Contents / Previous / Next / Main Tariff Index

 

 

Effective Date: 03/01/2010, Docket: RP10-271-001, Status: Effective

Substitute First Revised Sheet No. 60 Substitute First Revised Sheet No. 60

Superseding: First Revised Sheet No. 60

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

8.6 Buyout Election for Extended Force Majeure:

 

(a) Applicability:

 

The following provisions govern Customer's election to terminate a firm

Service Agreements upon payment of the applicable buyout amounts set out

below. The following provisions shall apply only to a firm Service

Agreement for which a qualifying Buyout Election is noted therein. For

purposes of this Section 8.6, a qualifying electing Customer shall be

referred to as "Electing Customer."

 

(b) Evaluation Periods

 

(1) Initial Evaluation Period

 

If Southern LNG invokes force majeure pursuant to the GT&C of this

Tariff, and the event of force majeure renders Southern LNG unable

to make available at least eighty percent (80%) of Customer's MDVQ

or MSQ under a Service Agreement for which the Buyout Election was

made, then Southern LNG shall immediately begin consulting with

Electing Customer and provide Electing Customer within one-hundred

and eighty (180) days thereafter with a notice in writing of

Southern LNG's initial report. The initial report shall include the

estimated capital cost associated with restoring the capacity lost

due to the event of force majeure, the availability of funds from

both property damage insurance and a resolution of Southern LNG's

governing board to fund such restoration (the sum of insurance

proceeds and board resolution, the "Available Funds"), and the

estimated duration of activities prior to restoring the capacity

starting from satisfaction of any conditions precedent in Section

8.6(b)(1)(D) below (such initial report, the "Initial Restoration

Report").

 

(A) If the later of the Initial Restoration Report and the

Initial Expert Decision estimates both that (i) the duration

of the force majeure event is no more than forty-eight (48)

months and (ii) the capital cost to restore the capacity is

no more than the Available Funds, then Customer and Southern

LNG hereby agree that Southern LNG shall commence restoring

the capacity.