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Original Sheet No. 71 Original Sheet No. 71 : Superseded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.