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. 79 Original Sheet No. 79 : Effective

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

16. FORCE MAJEURE (Continued)

 

16.1 Definition of Force Majeure (Continued)

 

Such causes or contingencies affecting the performance by either

party, however, shall not relieve it of liability unless such

party shall give notice and full particulars of such cause or

contingency in writing or by telecopy to the other party within

a reasonable time after the occurrence relied upon, nor shall

such causes or contingencies affecting the performance by either

party relieve it of liability in the event of its failure to use

due diligence to remedy the situation and remove the cause with

all reasonable dispatch, provided that the resolution of strikes,

lockouts or other labor disputes shall be within the sole

discretion of the party involved therein. Such causes or

contingencies affecting the performance of either party shall not

relieve Customer from (i) its obligation to make payments of

monthly demand charges except to the extent that such causes or

contingencies are caused by Total Peaking's negligence or willful

misconduct, and (ii) its obligation to make payment of amounts

accrued and due at the time thereof.

 

16.2 Daily Interruption or Allocation of Services Due to Force Majeure

 

(a) If, due to an event of force majeure, Total Peaking

is unable to receive, liquefy, vaporize or redeliver

gas tendered by Customers for firm contract storage

service, then Total Peaking, upon providing as much

notice as possible under all of the circumstances,

shall order reduction of Customers' firm contract

storage, as well as applicable liquefaction,

vaporization, injection, or withdrawal entitlements

on a pro rata basis based on firm contract

entitlements to the extent necessary depending upon

the type and location of the occurrence, in

accordance with this Tariff.

 

(b) Notice provided by Total Peaking to Customer of such

reduced contract quantity entitlement shall be by

telephone or telecopy. Such notice shall be

confirmed in writing as soon as reasonably possible.