Bobcat Gas Storage

Original Volume No. 1

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Effective Date: 10/15/2008, Docket: RP08-608-000, Status: Effective

Original Sheet No. 102 Original Sheet No. 102

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

16. FORCE MAJEURE

 

16.1 Effects and Obligations

 

(a) Effect of Force Majeure. In the event Bobcat is rendered

unable, wholly or in part, by reason of an event of Force

Majeure, as defined in Section 16.2 of these General Terms

and Conditions to perform, wholly or in part, any obligation

or commitment under Customer's Storage Service Agreement,

upon Bobcat's giving notice and full particulars of such

Force Majeure event on its Internet Web Site and/or in

writing to Customer within seventy-two (72) hours after the

occurrence of the cause relied on, then the obligations of

Bobcat shall be suspended to the extent that Bobcat's

ability to perform such obligations is affected by such

Force Majeure event and for the period of such Force Majeure

condition, but for no longer period, and such cause shall as

far as possible be remedied with all reasonable dispatch.

 

(b) Force Majeure and Obligation to Pay/Credit Reservation

Charges. A Customer taking firm service under Rate

Schedules FSS shall not be relieved of its obligation to pay

Reservation Charges specified in such firm Rate Schedules

due to an event of Force Majeure declared by a third

party(ies) and Bobcat shall include the full amount of such

Reservation Charges on the Customer's invoice for any Month

in which an event of Force Majeure shall have occurred,

provided, however, that Bobcat shall calculate credits

against the Customer's Reservation Charges payable under

Rate Schedules FSS and its Storage Service Agreement to

reflect any reduction in Bobcat's ability to render firm

services resulting from an event of Force Majeure declared

by Bobcat and shall include such credits on the firm

Customer's invoice for the next succeeding Month.