Arkansas Western Pipeline Company
First Revised Volume No. 1
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Effective Date: 12/01/1993, Docket: CP92-570-005, Status: Effective
Original Sheet No. 55 Original Sheet No. 55 : Superseded
and shall be at such points as may be agreed to by the
parties as set forth in executed FTS Service Agreements
between Transporter and Shippers and authorized by FERC.
7.3 Each Point of Receipt and each Point of Delivery specified
by a Shipper requesting firm transportation shall be
considered as Primary Points of Receipt and Primary Points
of Delivery for firm transportation service.
7.4 All Points of Receipt and Delivery on Transporter's system,
including Primary Points of Receipt or Primary Points of
Delivery -- where capacity exists (pursuant to the
allocation methodology provided in section 16 of the General
Terms and Conditions of this tariff) in excess of capacity
allocated to provide Primary Point of Receipt or Primary
Point of Delivery firm transportation service -- will be
available as Alternate Points of Receipt or Alternate Points
of Delivery. Transporter shall not limit the number of
Primary and Alternate Points of Receipt or Delivery which a
firm Shipper may request to utilize.
8. FORCE MAJEURE
8.1 If by reason of force majeure either Transporter or Shipper
is rendered unable, wholly or in part, to carry out its
obligations under an executed FTS Service Agreement, other
than to make payments when due, and if such party gives
notice in the form set forth in an executed FTS Service
Agreement and reasonably fulfill particulars of such force
majeure condition within a reasonable time after the
occurrence of the cause relied on, the party giving such
notice, so far as and to the extent that it is affected by
such force majeure, shall be excused from performance under
the FTS Service Agreement; provided, however, such force
majeure condition shall be remedied with all reasonable
dispatch; provided further, however, that Shipper shall not
be excused from payment of the Monthly Demand Charge, as set
forth in Section 3.3 of this FTS Rate Schedule, as a result
of a force majeure condition. Settlement of labor
difficulties shall be strictly within the discretion of the
party having the difficulty.
8.2 Without limitation by this recital, "force majeure" shall
include acts of God; acts of a public enemy; fires;
necessity for compliance with any court order, law,
regulation or ordinance of authorities having jurisdiction,
either federal