ANR Storage Company

Original Volume No. 1

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Effective Date: 07/01/1993, Docket: RS92- 2-002, Status: Effective

Original Sheet No. 145 Original Sheet No. 145 : Effective





breakage or accident to machinery, wells or lines of pipe or

casings; testing (as required by governmental authority or as

deemed necessary by Seller for the safe operation of the

underground storage reservoir and facilities required to

perform the service hereunder), the necessity of making

repairs or alterations to machinery or lines of pipe; failure

of wells, surface equipment or pipe lines, well or line freeze

ups; accidents, breakdowns, inability to obtain necessary

materials, or supplies or permits, or labor or land rights to

perform or comply with any obligation or condition of this

Agreement; an occurrence of nominations made by Customers on

any Day pursuant to Section 4 of these General Terms and

Conditions that are greater than zero (0) and less than 25,000

Dekatherms, in the aggregate; and any other causes, whether of

the kind herein enumerated or otherwise which are not

reasonably in Seller's control. It is understood and agreed

that the settlement of strikes or lockouts or controversies

with landowners involving rights of way shall be entirely

within Seller's discretion and that the above requirement that

any force majeure shall be remedied with all reasonable

dispatch shall not require the settlement of strikes or

lockouts or controversies with landowners involving rights of

way by acceding to the demands of the opposing party when such

course is inadvisable in the discretion of Seller.


9.2 Force Majeure. If by reason of force majeure either party

hereto is rendered unable, wholly or in part, to carry out its

obligations under this Agreement, it is agreed that on such

party giving notice in full particulars of such force majeure

in writing to the other party within a reasonable time after

the occurrence of the cause relied on, the party giving such

notice, so far as and to the extent that it is affected by

such force majeure, shall not be liable in damages during the

continuance of any inability so caused, but for no longer

period, and such cause shall so far as possible be remedied

with all reasonable dispatch. Seller shall not be liable in

damages to Customer other than for acts of gross negligence or

willful misconduct and then only where force majeure does not



9.3 Limitations. Such force majeure affecting the performance

hereunder by either Seller or Customer, however, shall not

relieve such party of liability in the event of concurring

negligence or in the event of failure to use due diligence to

remedy the situation and to remove the cause in an adequate