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. 739 Original Sheet No. 739 : Effective




Kern River Firm Transportation Services





9.1 Force Majeure. In the event of either party's being rendered, wholly or

in part by force majeure, unable to carry out its obligations under the

Transportation Service Agreement, it is agreed that when such party

gives notice and full particulars of such force majeure, in writing, by

electronic mail or by telephone, to the other party, which shall be done

as soon as practicable after the occurrence of the event of force

majeure relied on, then the obligations of the parties hereto so far as

such obligations are affected by such force majeure shall be suspended

during the continuance of any period of force majeure, but for no longer

period, and such inability to perform shall, so far as possible, be

remedied with all reasonable dispatch. The term "force majeure" as

employed herein shall include, but shall not be limited to blockades,

insurrections, riots, epidemics, floods, washouts, landslides,

mudslides, earthquakes, extreme cold or freezing weather, lightning,

restraints of rulers and peoples, civil disturbances, explosions,

breakage or freezing of or accident to machinery or line of pipe, the

order of any court or governmental authority having jurisdiction, and

any other cause, whether of the kind herein enumerated or otherwise, not

reasonably within the control of the party claiming suspension and which

by the exercise of due diligence such party is unable to prevent or

overcome. Failure to prevent or settle any strike or strikes shall not

be considered a matter within the control of the party claiming

suspension. Such causes or contingencies affecting the performance

under the Transportation Service Agreement by either Transporter or

Shipper, however, shall not relieve it of liability in the event of its

concurring negligence or in the event of its failure to use due

diligence to remedy the situation and to remove the cause in an adequate

manner and with all reasonable dispatch, nor shall such causes or

contingencies affecting such performance relieve either party from its

obligations to make payments of amounts then due in respect of Gas

theretofore delivered.