Ozark Gas Transmission System

First Revised Volume No. 1

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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Original Sheet No. 135 Original Sheet No. 135 : Superseded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