TransColorado Gas Transmission Company
Original Volume No. 1
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Effective Date: 05/15/2000, Docket: GT00- 25-000, Status: Effective
First Revised Sheet No. 250 First Revised Sheet No. 250 : Superseded
Superseding: Original Sheet No.
GENERAL TERMS AND CONDITIONS
14. FORCE MAJEURE
14.1 A force majeure event includes without limitation by this
recital: acts of God, including fires, explosions, earthquakes or volcanic
eruptions, storms, floods, washouts and extreme cold or freezing weather;
necessity for compliance with any court order, law, regulation or
ordinance promulgated by any governmental authority having jurisdiction,
either federal, Indian, state or local, civil or military; acts of a
public enemy; wars and civil disturbances; strikes, lockouts or other
industrial disturbances; shutdowns for purposes of necessary repairs,
relocations, 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 for safe operation by the
testing party); inability to obtain necessary materials, supplies,
permits, or labor to perform or comply with any obligation or condition of
this Tariff; inability to obtain rights of way; and any other causes that
are not reasonably in the control of the party claiming suspension.
14.2 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.
14.3 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 mutually agreed
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