Transcolorado Gas Transmission Company LLC
Second Revised Volume No. 1
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Effective Date: 12/28/2007, Docket: RP08-167-000, Status: Effective
Original Sheet No. 284 Original Sheet No. 284 : Effective
GENERAL TERMS AND CONDITIONS
14. FORCE MAJEURE
14.1 A force majeure event includes without limitation by this recital:
acts of God, including fires, explosions, earthquakes or volcanic eruptions,
storms, floods, washouts and extreme cold or freezing weather; necessity for
compliance with any court order, law, regulation or ordinance promulgated by
any governmental authority having jurisdiction, either federal, Indian, state
or local, civil or military; acts of a public enemy; wars and civil
disturbances; strikes, lockouts or other industrial disturbances; shutdowns
for purposes of necessary repairs, relocations, or construction of facilities,
breakage or accident to machinery or lines of pipe; the necessity for testing
(as required by governmental authority or as deemed necessary for safe
operation by the testing party); inability to obtain necessary materials,
supplies, permits, or labor to perform or comply with any obligation or
condition of this Tariff; inability to obtain rights of way; and any other
causes that are not reasonably in the control of the party claiming
suspension.
14.2 If because of a force majeure event either TransColorado or
Shipper is rendered unable, wholly or in part, to perform its obligations
under a service agreement incorporating these General Terms and Conditions,
other than to make payments when due, and if such party gives notice of such
event within a reasonable period of time and provides full particulars of the
event in writing or by electronic communication (other than telephone),
nonperformance of the party giving such notice shall be excused during the
continuance of such event and to the extent its performance is affected by
such event. The party claiming force majeure shall use due diligence to
remedy its nonperformance with all reasonable dispatch, including the making
of provision for such alternate performance as may be economical and
practical.
14.3 No force majeure event affecting the performance by TransColorado
or Shipper shall relieve such party of liability in the event of failure to
use due diligence to remedy the situation and to remove the cause in an
adequate manner and with all reasonable dispatch. Nor shall such causes or
contingencies affecting such performance relieve either party from its
obligations to make payments as mutually agreed under the applicable rate
schedule.
Any force majeure event that results in TransColorado's inability
to transport all or any portion of Shipper's gas or that results