Caledonia Gas And Storage

First Revised Volume No. 1

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Effective Date: 09/30/2010, Docket: RP10-1032-000, Status: Effective

Original Sheet No. 106 Original Sheet No. 106

 

required by state or federal government and agencies. Customer

recognizes that Caledonia may be required to file Federal and state tax

returns, and Customer agrees to furnish Caledonia with adequate

information pertaining to the taxation on the Gas. Customer shall

coordinate such filings with Caledonia.

16. FORCE MAJEURE

16.1 Effect of Force Majeure. In the event Caledonia is rendered

unable, wholly or in part, by reason of Force Majeure, as defined

herein, to perform, wholly or in part, any obligation or commitment

under Customer’s Service Agreement, it is agreed that upon Caledonia’s

giving notice and full particulars of such Force Majeure 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 Caledonia shall be suspended to the extent that Caledonia’s ability

to perform such obligations is affected by such Force Majeure and for

the period of such Force Majeure, but for no longer period, and such

cause shall as far as possible be remedied with all reasonable dispatch.

Nothing in this Gas Tariff or in any Service Agreement shall obligate

Caledonia to request or pay for added compression in order to remedy a

Force Majeure.

16.2 Force Majeure and Obligation to Pay/Credit Storage Reservation

Charges. A Customer taking Firm Storage Service under Rate Schedule

FSS shall not be relieved of its obligations to pay Storage Reservation

Charges specified in such Firm Rate Schedules due to an event of Force

Majeure and Caledonia shall include the full amount of such Storage

Reservation Charges on the Customer’s invoice for any Month in which an

event of Force Majeure shall have occurred, provided, however, that if

such Force Majeure persists for more than 3 Gas Days, Customer shall

be allowed a credit against its Storage Reservation Charges payable

under Rate Schedule FSS and Service Agreement to reflect any reduction

in Caledonia’s ability to render Firm service resulting from a Force

Majeure declared by Caledonia; provided, further, however, that such

credits will not be given to the extent Customer is afforded extra

Service Agreement Gas Days as provided in Section 9 of this Gas Tariff.