Pinnacle Pipeline Company

ORIGINAL VOLUME NO. 1

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Effective Date: 10/08/2003, Docket: RP04-102-001, Status: Effective

Original Sheet No. 129 Original Sheet No. 129 : Effective

 

 

conforming Agreement, such tariff sheet will

contain a statement that the negotiated rate

Agreement does not deviate in any material aspect

from the form of Transportation Agreement in the

tariff for the applicable rate schedule.

 

13.4 Nothing in this Section 13 shall authorize

Transporter or Shipper to negotiate terms and

conditions of service.

 

14. FORCE MAJEURE

 

14.1 The phrase "Force Majeure", as used in these

General Terms and Conditions, shall mean, without

limitation, an act of God, terrorism, lightening,

storm, fire, explosion, accident, unusual

casualty, strike, lockout, labor dispute, civil

dispute, civil disturbance or labor slow down;

closure at the time of the Force Majeure event of

all or part of the Shipper electric generating

plant(s) at which gas delivered hereunder was to

be utilized because of imminent danger,

industrial disturbance, or labor trouble;

breakdowns or damage to the Shipper electric

generating plant(s) at which gas hereunder was to

be utilized because of imminent danger,

industrial disturbance, or labor trouble;

breakdowns or damage to the Shipper electric

generating plant(s) at which gas hereunder was to

be utilized at the time of the Force Majeure

event, or breakdown or damage to necessary

electrical transmission equipment (including

emergency outages of equipment or facilities for

the purpose of making repairs to avoid breakdown

or damage); freezing of gas lines or gas wells;

breakdown or damage to gas supply facilities or

gas transportation facilities; orders or acts of

civil authority which are complied with in good

faith; or any other cause, whether or not of the

same class or kind specifically enumerated above

and whether or not foreseen or foreseeable, which

is not reasonably within the control of the party

claiming Force Majeure; provided, however, that

an adverse change to the expected economic

benefits or costs associated with the party's

continued performance of its obligations under a

Transportation Agreement shall not constitute an

event of Force Majeure for either Transporter or