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. 130 Original Sheet No. 130 : Effective

 

 

Shipper. Orders and acts of civil authority as

used herein shall include, without limitation,

any regulation, direction, order or request

(whether valid or invalid) made by any

governmental authority or person acting for a

governmental agency, as well as the act or

failure or refusal to act, whether rightfully or

wrongfully done, of any governmental agency,

authority, officer, or court charged with the

interpretation, enforcement, or administration of

any applicable law, rule or regulation, which act

or failure or refusal to act effectively delays

issuance of, or denies to either party, any

permit, license, or approval reasonably necessary

for the construction, development, operation, or

repair of any facilities necessary or the

performance of the Transportation Agreement.

 

14.2 Suspension of Obligations

 

If either Transporter or Shipper is prevented, or

is delayed wholly or in part, from carrying out

any of its obligations under this Tariff or a

Transportation Agreement due to Force Majeure or

its effects, and if that party gives the other

party written notice and full particulars of the

Force Majeure event as soon as reasonably

practical, the obligations of the party giving

the notice shall be suspended, except as

otherwise stated in the Agreement and except for

Shipper's obligation to make payments for

transportation of gas previously delivered to

Shipper, to the extent made necessary during the

continuance of Force Majeure or its effects. The

party claiming Force Majeure shall incur no

liability except as set out in this Tariff or a

Transportation Agreement by reason of its failure

to perform the obligation so suspended; provided,

however, that the disabling effects of Force

Majeure shall be eliminated by the affected party

as soon as and to the extent reasonably possible.

If Force Majeure prevents Transporter or Shipper

from complying with the terms and conditions of a

Transportation Agreement for a period in excess

of three (3) Months in any twelve-Month period,

the party not claiming Force Majeure may

terminate such Agreement upon ten (10) Days prior

written notice to the other party; provided,