West Texas Gas, Inc.

First Revised Volume No. 1

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Effective Date: 03/29/1992, Docket: RP92-135-000, Status: Effective

Original Sheet No. 17 Original Sheet No. 17 : Effective

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

 

10. Force Majeure (Continued):

 

diligence it is unable to prevent or overcome. Failure to

prevent or settle any strike or strikes shall not be

considered a matter within the control of the party claiming

suspension.

 

10.2 Such causes or contingencies affecting performance shall

not relieve Seller or Buyer of liability in the event of

failure of either 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 and contingencies

relieve either from its obligation to make payments of amounts

then due hereunder.

 

11. Priority of Service:

11.1 Right of Seller to Serve Others: Nothing in these

General Terms and Conditions, this Tariff, or the Service

Agreement executed by Seller and Buyer shall in any way

abridge the right of Seller at any time to sell, transport and

deliver natural gas to others than Buyer from its pipeline

system, but Seller shall not give to such others for similar

types of service any priority or preference above its

obligations to Buyer.

 

11.2 Curtailment Procedure:

If, due to any cause whatsoever, the capacity for deliveries

of gas or the gas available for deliveries from Seller's

system or any part thereof is impaired so that Seller is

unable to supply at such time its total firm and

interruptible obligations, then within the area of the system

requiring curtailment or interruption, insofar as practicable,

curtailment shall be made as follows:

 

(a) Interruptible deliveries made by Seller under this Tariff

and under interruptible direct sale contracts shall be

curtailed first.

 

(b) In the event that the above fails to provide sufficient

gas to meet all of Seller's firm requirements, then the

requirements of Seller's Buyers and the requirements of

Seller's direct sale domestic and commercial customers shall

first be supplied by Seller, and the remaining available gas