Total Peaking Services, L. L. C.

Original Volume No. 1

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Effective Date: 04/01/1998, Docket: CP96-339-001, Status: Effective

Original Sheet No. 78 Original Sheet No. 78 : Effective

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

16. FORCE MAJEURE

 

16.1 Definition of Force Majeure

 

The term force majeure as employed herein shall mean acts of God,

strikes, lockouts or other industrial disturbances, acts of the

public enemy or terrorists, wars, blockades, insurrections,

riots, epidemics, landslides, lightning, earthquakes, fires,

storms, floods, washouts, arrests, the order of any court or

government authority having jurisdiction while the same is in

force and effect, civil disturbances, explosions, breakage,

accidents to machinery or lines of pipe, freezing of or damage to

receipt or delivery facilities, National Weather Service warnings

or advisories, whether official or unofficial, that result in the

evacuation of facilities, inability to obtain or unavoidable

delay in obtaining labor material, permits or equipment,

vandalism and any other cause whether of the kind herein

enumerated or otherwise, not reasonably within the control of the

party claiming suspension and which by the exercise of due

diligence such party is unable to prevent or overcome.

 

In the event of either party being rendered unable, wholly or in

part, by reason of an event of force majeure to carry out its

obligations other than (1) the obligation of Customer to pay

monthly demand charges to Total Peaking and (ii) the obligation

to make payment of amounts accrued and due at the time thereof,

it is agreed that on such party's giving notice and full

particulars of such force majeure in writing or by telecopy to

the other party within seventy-two (72) hours after the

occurrence of the cause relied on, the obligations of both

parties, so far as they are affected by such force majeure, shall

be suspended 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.

 

Neither party shall be liable in damages to the other for any

act, omission or circumstance occasioned by, or in consequence

of, force majeure or operating conditions, as herein defined.