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. 387 Original Sheet No. 387 : Effective
RATE SCHEDULE USS (Continued)
UNBUNDLED SALES SERVICE
FORM OF SERVICE AGREEMENT
Service warnings or advisories, whether official or unofficial, that
result in the evacuation of facilities or platforms, well blowouts,
inability to obtain or unavoidable delay in obtaining material,
equipment, and any other cause whether of the kind herein enumerated or
otherwise, not reasonably within the control of the party claiming
suspension and which by the exercise of due diligence such party is
unable to prevent or overcome. The term force majeure shall also
include any curtailment by Trunkline under Buyer's Transportation
Contract(s).
8.2 In the event of either party being rendered unable, wholly
or in part, by force majeure to carry out its obligations (other than
the obligation set forth hereinbelow), it is agreed that on such party's
giving notice and full particulars of such force majeure in writing to
the other party within a reasonable time after the occurrence of the
cause relied on, the obligations of both parties, so far as they are
affected by such force majeure, shall be suspended during such period of
force majeure, but for no longer period, and such cause shall so far as
possible be remedied with all reasonable dispatch.
8.3 Neither party shall be liable in damages to the other for
any act, omission or circumstance occasioned by, or in consequence of,
force majeure, as herein defined.
8.4 Such causes or contingencies affecting the performance by
either party, however, shall not relieve it of liability unless such
party shall give notice and full particulars of such cause or
contingency in writing to the other party within a reasonable time after
the occurrence relied upon, nor shall such causes or contingencies
affecting the performance by either party relieve it of liability in the
event of its failure to use due diligence to remedy the situation and
remove the cause with all reasonable dispatch, nor shall such causes or
transportation contingencies affecting the performance relieve Buyer
from its obligation to make payments of amounts in respect of commodity
charges for Natural Gas delivered and any other charges provided herein.