TransColorado Gas Transmission Company
Original Volume No. 1
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Effective Date: 12/05/1996, Docket: CP90-1777-009, Status: Effective
Original Sheet No. 71 Original Sheet No. 71 : Superseded
GENERAL TERMS AND CONDITIONS
(Continued)
to contest such disputed portion in any forum having jurisdiction.
14. FORCE MAJEURE
14.1 If because of a force majeure event either TransColorado or
Shipper is rendered unable, wholly or in part, to perform its
obligations under a service agreement incorporating these General
Terms and Conditions, other than to make payments when due, and if
such party gives notice of such event within a reasonable period
of time and provides full particulars of the event in writing or
by electronic communication (other than telephone), nonperformance
of the party giving such notice shall be excused during the
continuance of such event and to the extent its performance is
affected by such event. The party claiming force majeure shall
use due diligence to remedy its nonperformance with all reasonable
dispatch, including the making of provision for such alternate
performance as may be economical and practical.
14.2 No force majeure event affecting the performance by TransColorado
or Shipper shall relieve such party of liability in the event of
failure to use due diligence to remedy the situation and to remove
the cause in an adequate manner and with all reasonable dispatch.
Nor shall such causes or contingencies affecting such performance
relieve either party from its obligations to make payments as
determined under the applicable rate schedule.
Any force majeure event that results in TransColorado's inability
to transport all or any portion of Shipper's gas or that results
in Shippers' inability to tender gas to TransColorado for
transportation shall not operate to suspend or otherwise affect in
any way Shipper's obligation to pay the applicable reservation
charge. During any period when receipts are suspended in whole or
in part due to a force majeure event, TransColorado may use
resulting excess capacity created to transport or exchange any
other volumes of gas made available to it. Such use of excess
capacity shall not interfere with Shipper's right to have its gas
transported.