Kern River Gas Transmission Company

Second Revised Volume No. 1

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Effective Date: 07/01/2000, Docket: RP00-288-000, Status: Effective

Original Sheet No. 539 Original Sheet No. 539 : Effective




Kern River Firm Transportation Services





11.1 Force Majeure. If either party shall fail to perform any obligation

imposed upon it by this Rate Schedule or the Transportation Service

Agreement, and such failure shall be caused, or materially contributed

to, by: any acts of God; strikes; lockouts; other industrial

disturbances; act of public enemies; sabotage; wars; blockades;

insurrections; riots; epidemics; landslides; mudslides; lightning;

earthquakes; floods; hurricanes; storms; fires; washouts; arrests and

restraints of rulers and people; civil disturbances; explosions;

breakage of or accident to machinery or of lines of pipe; hydrate

obstructions of lines of pipe; inability to obtain pipe, materials or

equipment; the orders of any court or governmental authority; any act or

omission whether of the kind herein enumerated or otherwise not within

the control of the party invoking this section and which by the exercise

of due diligence such party could not have prevented, or shall be

occasioned by the necessity for making repairs to or reconditioning of

machinery, equipment or pipelines, not resulting from the fault or

negligence of such party; such failure shall be deemed not to be a

breach of the obligation of such party; but such party shall use

reasonable diligence to put itself in a position to carry out its

obligations. Nothing contained herein shall be construed to require

either party to settle a strike or lockout by acceding against its

judgment to the demands of the opposing parties.


No such cause affecting the performance of either party shall continue

to relieve such party from its obligation after the expiration of a

reasonable period of time within which by the use of due diligence such

party could have remedied the situation preventing its performance, nor

shall any cause relieve either party from any obligation unless such

party shall give notice thereof in writing to the other party with

reasonable promptness; and like notice shall be given upon termination

of such cause. Nothing in this Article XI shall relieve Shipper of

payment of the Reservation Charge except as provided for in Section

4.1.7 this Rate Schedule.