Petal Gas Storage Company

Original Volume No. 1

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Effective Date: 03/15/2002, Docket: CP00- 59-002, Status: Effective

First Revised Sheet No. 125 First Revised Sheet No. 125 : Effective

Superseding: Original Sheet No. 125

 

 

GENERAL TERMS AND CONDITIONS (Continued)

 

 

14. INSURANCE

 

Customer shall be responsible for providing its own insurance coverage with

respect to its gas in the Storage Facility.

 

15. FORCE MAJEURE

 

15.1 Effect of Force Majeure. In the event Petal or Customer is rendered

unable, wholly or in part, by reason of an event of force majeure, as

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

commitment under Customer's storage service agreement, it is agreed

that, upon Petal or Customer giving notice and full particulars of

such force majeure event in writing (and/or on its EBB for Petal) to

the other party within forty-eight (48) hours after the occurrence of

the cause relied on, then the obligations of the notifying party shall

be suspended to the extent that it is affected by such force majeure

event and for the period of such force majeure condition, but for no

longer period, and such cause shall as far as possible be remedied

with all reasonable dispatch. An event of force majeure shall not

excuse Customer's obligations to pay invoices in accordance with

Section 12 of the General Terms and Conditions of this tariff.

 

15.2 Nature of Force Majeure. The term "Force Majeure" as employed in

Customer's storage service agreement shall mean any cause whether of

the kind enumerated herein or otherwise, not reasonably within the

control of Petal or Customer, such as acts of God; strikes, lockouts

and industrial disputes or disturbances; inability to secure or delays

in obtaining labor, materials, supplies, permits, easements or

rights-of-way, including inability to secure materials by reason of

allocations promulgated by authorized governmental agencies; arrests

and restraints of governments and people; interruptions by government

or court orders; present and future valid orders, decisions or rulings

of any government or regulatory entity having proper jurisdiction; acts

of the public enemy; vandalism; wars; riots; civil disturbances;