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