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.