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. 638 Original Sheet No. 638 : Effective





Kern River Firm Transportation Services





9.1 Force Majeure.


9.1.1 Force Majeure Provisions. Except as hereinafter provided, if

either party shall fail to perform any obligation imposed upon it

by the Transportation Service Agreement, and such failure shall be

caused by: any acts of God; strikes; lockouts; other industrial

disturbances; act of public enemies; sabotage; breakage of

equipment; wars; blockades; insurrections; riots; epidemics;

landslides; mudslides; lightning; earthquakes; extreme cold or

freezing weather; floods; hurricanes; storms; fires; washouts;

arrests and restraints of rulers and people; civil disturbances;

explosions; breakage or freezing of or accident to machinery or 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,

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.