Arkansas Western Pipeline Company

First Revised Volume No. 1

 Contents / Previous / Next / Main Tariff Index

 

 

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Original Sheet No. 55 Original Sheet No. 55 : Superseded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