Trunkline Gas Company

First Revised Volume No. 1

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Effective Date: 09/01/1993, Docket: RS92- 25-005, Status: Effective

Original Sheet No. 386 Original Sheet No. 386 : Effective

 

RATE SCHEDULE USS (Continued)

UNBUNDLED SALES SERVICE

FORM OF SERVICE AGREEMENT

 

 

ARTICLE 7

 

TRANSPORTATION

 

7.1 Buyer shall at all times have transportation capacity on

Trunkline's System at the Point(s) of Delivery necessary or appropriate

for the sale and delivery of the Gas hereunder, and to bear the costs of

all transportation necessary for the receipt by Buyer at the Point(s) of

Delivery of the Gas sold hereunder and further transportation of such

Gas after such receipt. Trunkline shall have no liability for failure

to perform under this Agreement to the extent such failure is associated

with Buyer's inability or failure to provide all or any portion of such

capacity necessary or appropriate to Trunkline's performance hereunder

or fails to notify Trunkline of any change thereto.

 

7.2 As between the parties, Trunkline shall be liable for only

those imbalances or balancing penalties, charges, fees, costs or

expenses caused solely by Trunkline's performance under this Agreement

and imposed by Trunkline, and Buyer shall be liable for any other

imbalance or balancing penalties, charges, fees, costs or expenses

imposed by Trunkline. In the event any such penalties, charges, fees,

costs or expenses are assessed against and paid by the party not liable

as hereinabove described, the party with liability therefor hereunder

shall reimburse the other party for same; provided that, in the event

refunds of any of the foregoing penalties, charges, fees, costs or

expenses are subsequently made to the reimbursed party as hereinabove

provided, the reimbursed party shall flow through such refunds to the

reimbursing party to the extent of such reimbursement.

 

ARTICLE 8

 

FORCE MAJEURE

 

8.1 The term force majeure as employed herein shall mean acts of

God, strikes, lockouts or other industrial disturbances, acts of the

public enemy, wars, blockades, insurrections, riots, epidemics,

landslides, lightening, earthquakes, fires, storms, floods, washouts,

arrests, the order of any court or government authority having

jurisdiction while the same is in force and effect, civil disturbances,

explosions, breakage, accidents to machinery or lines of pipe, accident

to or breakage of Trunkline's or third-party lines of pipe, machinery,

or equipment, freezing of or damage to wells or lines of pipe, partial

or entire failure of wells or delivery facilities, National Weather