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,