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.