Steckman Ridge, LP

Original Volume No. 1

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Effective Date: 04/01/2009, Docket: RP09-389-000, Status: Effective

Original Sheet No. 289 Original Sheet No. 289

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

29. FORCE MAJEURE (continued)

 

29.3 Except as provided in Section 29.4 below, in the event Steckman

Ridge fails to receive and inject, or withdraw and deliver, on any

Gas Day at least 95% of the quantity of Gas scheduled to be

received from Customer and injected by Steckman Ridge or withdrawn

by Steckman Ridge and delivered to Customer which Steckman Ridge

is obligated to receive and inject or withdraw and deliver, as

applicable, pursuant to any of Steckman Ridge's firm services up

to the MDIQ or MDWQ, as applicable, specified in Exhibit B to

Customer's Firm Storage Service Agreement, the Reservation Charge

shall be decreased by the amount of the Reservation Charge

specified in Exhibit B to Customer's Firm Storage Service

Agreement multiplied by the quantity of Gas not received or

delivered up to the lesser of the total quantity of Gas requested

and not received or delivered, or the MDIQ or MDWQ, as applicable,

specified in Exhibit B to Customer's Firm Storage Service

Agreement.

 

29.4 Steckman Ridge shall not be obligated to adjust the Reservation

Charge pursuant to Section 29.3 above when Steckman Ridge's

failure to deliver on any Gas Day the quantities described in

Section 29.3 above occurs (a) either (1) within ten (10) days

following a Force Majeure event as contemplated by Section 29.1

above, or (2) prior to the date Steckman Ridge has or should have,

in the exercise of due diligence, overcome the Force Majeure

event, whichever occurs first; (b) as the result of the conduct of

Customer or the upstream or downstream of facilities at a Point of

Receipt or Point of Delivery; (c) as the result of Steckman Ridge

having an OFO or Action Alert in effect on such Gas Day; or (d) as

the result of Steckman Ridge performing at any time repair and

maintenance of its facilities to comply with applicable regulatory

requirements.