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Original Sheet No. 73 Original Sheet No. 73 : Superseded

 

 

 

another entity to guarantee Shipper's obligations, provided that

the guarantor has sufficient credit available, as determined by

Transporter. Transporter may, without waiving any rights or

remedies it may have, suspend further service until such

acceptable security is received by Transporter. Upon Shipper's

establishment of an acceptable credit record or upon expiration

of an executed ITS Service Agreement, Transporter shall refund

Shipper's deposit with interest accrued at rates set pursuant to

18 C.F.R. 154.67 of the Commission's Regulations.

 

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 ITS Service Agreement, other

than to make payments when due, and if such party gives

notice in the form set forth in an executed ITS Service

Agreement and reasonably full 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

an executed ITS Service Agreement; provided, however, such

force majeure condition shall be remedied with all

reasonable dispatch. 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 or state, civil or military; civil

disturbances, shutdowns for purposes of necessary repairs,

relocation, or construction of facilities; breakage or

accident to machinery or lines of pipe; the necessity for

testing (as required by governmental authority or as deemed

necessary by the testing party for the safe operation

thereof); the necessity of making repairs or alterations to

machinery or lines of pipe; failure of surface equipment of

pipelines; inability of either party hereto to obtain

necessary material, supplies, or permits, or labor to

perform or comply with any obligations or condition of this

ITS Rate Schedule or of the ITS Service Agreement; inability

to obtain rights-of-way; and any other causes, whether of

the kind herein recited or not, which are not

reasonably in the control of the party claiming

suspension.