Monroe Gas Storage Company, LLC

Original Volume No. 1

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Effective Date: 04/29/2009, Docket: RP09-447-000, Status: Effective

Original Sheet No. 180 Original Sheet No. 180

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

15. FORCE MAJEURE

 

15.1 Relief from Liability. Neither party shall be taken to have breached its

obligations under the Service Agreement, the applicable Rate Schedule,

or these General Terms and Conditions by reason of any act, omission or

circumstance occasioned by or in consequence of any acts of God,

strikes, lockouts, acts of the public enemy, wars, blockades,

insurrections, riots, epidemics, landslides, lightning, earthquakes,

fires, storms, floods, washouts, arrests and restraints of rulers and

peoples, civil disturbances, acts of sabotage, explosions, damage,

breakage or accident to machinery or lines of pipe, failure of

third-party transportation, the binding order of any court or

governmental authority which has been resisted in good faith by all

reasonable legal means, and any other cause, whether of the kind herein

enumerated or otherwise, not within the control of the party claiming

suspension under this section, which act, omission or circumstance such

party is unable by the exercise of due diligence to prevent or overcome.

 

15.2 Liabilities Not Relieved. Such causes or contingencies affecting

performance by either party, however, shall not relieve such party of

liability in the event of its concurring negligence or in the event of

its failure to use due diligence to remedy the situation and remove the

cause in an adequate manner and with all reasonable dispatch, nor shall

such causes or contingencies affecting performance relieve either party

from its obligations to make payments of amounts then due in respect of

gas theretofore delivered.

 

15.3 Proration of Impaired Deliveries. The provisions of Section 7 (Priority,

Interruption of Service and Operational Flow Orders) of these General

Terms and Conditions shall govern the apportionment of available

capacity when such available capacity is impaired so that Operator is

unable to deliver to Customer the daily or annual quantities of gas

provided by effective service agreements.

 

15.4 Scheduling of Construction and Maintenance. Operator shall have the

right to curtail, interrupt, or discontinue service in whole or in part

on all or a portion of its system from time to time to perform repair,

maintenance or improvements on Operator's Facility as necessary to

maintain the operational capability of the system, or to comply with

applicable regulatory requirements, or to perform construction pursuant

to valid FERC authorization. Operator shall exercise due diligence to

schedule repair, construction and maintenance so as to minimize

disruptions of service to Customer and shall provide reasonable notice

of the same to Customer.