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