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First Revised Sheet No. 250 First Revised Sheet No. 250 : Superseded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