National Fuel Gas Supply Corporation

Fourth Revised Volume No. 1

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Effective Date: 04/21/2010, Docket: RP10-504-000, Status: Effective

First Revised Sheet No. 448 First Revised Sheet No. 448

Superseding: Original Sheet No. 448

 

GENERAL TERMS AND CONDITIONS

 

 

25. PROVISIONS APPLICABLE ONLY TO RATE SCHEDULES SS-1 AND SS-2 (Cont'd.)

 

25.10 Force Majeure (Cont'd.)

 

order of any court or governmental authority having jurisdiction

and any other cause, whether of the kind herein enumerated, or

otherwise caused or occasioned by or happening on account of the

act or omission of one of the parties to the Service Agreement

between Transporter and Buyer or some person or concern not a

party thereto, not within the reasonable control of the party

claiming relief from liability and which by the exercise of due

diligence such party is unable to prevent or overcome. A failure

to settle or prevent any strike or other controversy with

employees or with anyone purporting or seeking to represent

employees shall not be considered to be a matter within the

control of the party claiming relief from liability.

 

(b) Liabilities Not Relieved. The provisions of Transporter's

General Terms and Conditions Subsection 8.2 shall be applicable

to Rate Schedules SS-1 and SS-2.

 

25.11 Storage Field Losses

 

In the event of a loss of gas from one or more storage fields

utilized by Transporter resulting from force majeure, such loss

shall be allocated among Transporter and each Shipper receiving

service under the ESS, FSS, ISS, SS-1 or SS-2 Rate Schedule or in

proportion to the quantities of gas (excluding base gas) of each

in storage immediately prior thereto as reasonably determined by

Transporter, and if such extraordinary loss exceeds the top gas

balances of Transporter and all such Shippers, such excess will

be deemed to be from Transporter's base gas. Losses of gas from

storage fields utilized by Transporter that are not losses

resulting from Transporter's top gas balance, and, to the extent

such losses exceed Transporter's top gas balance, such excess

will be deemed to be from Transporter's base gas. For purposes

of this Section 25.11, a loss of gas resulting from force majeure

is a loss caused by any acts of God, strikes, lockouts, acts of

the public enemy, wars, blockades, insurrections, riots,

epidemics, landslides, lightning, earthquakes, fires, storms,

floods, washouts, arrests and restraints of rules and peoples,

civil disturbances, explosions, breakage or accident to machinery

or line of pipe, line freeze-ups, or similar causes.