Ozark Gas Transmission System
First Revised Volume No. 1
Contents / Previous / Next / Main Tariff Index
Effective Date: 09/03/1991, Docket: RP91-208-000, Status: Effective
Original Sheet No. 135 Original Sheet No. 135 : Superseded
without waiving any rights or remedies it may
have, suspend further service until such
acceptable security is received by Transporter.
Upon Shipper's establishment of an acceptable
credit record or upon expiration of an executed
ITS Agreement, Transporter shall refund Shipper's
deposit with interest accrued at rates set
pursuant to 18 C.F.R. 154.67 of the
Commission's Regulations.
8. FORCE MAJEURE
8.1 If by reason of force majeure either Transporter
or Shipper is rendered unable, wholly or in part,
to carry out its obligations under an executed
ITS Agreement, other than to make payments when
due, and if such party gives notice in the form
set forth in an executed ITS Service Agreement
and reasonably full particulars of such force
majeure condition within a reasonable time after
the occurrence of the cause relied on, the party
giving such notice, so far as and to the extent
that it is affected by such force majeure, shall
be excused from performance under an executed ITS
Agreement; provided, however, such force majeure
condition shall be remedied with all reasonable
dispatch. Settlement of labor difficulties shall
be strictly within the discretion of the party
having the difficulty.
8.2 Force Majeure Defined. Without limitation by
this recital, force majeure shall include acts of
God; acts of a public enemy; fires; necessity for
compliance with any court order, law, regulation
or ordinance of authorities having jurisdiction,
either federal or state, civil or military; civil
disturbances, shutdowns for purposes of necessary
repairs, relocation, or construction of
facilities; breakage or accident to machinery or