Bobcat Gas Storage

Original Volume No. 1

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Effective Date: 10/15/2008, Docket: RP08-608-000, Status: Effective

Original Sheet No. 104 Original Sheet No. 104





16. FORCE MAJEURE (Continued)


16.2 Nature of Force Majeure. The term "Force Majeure" as used herein

and in Customer's Storage Service Agreement shall mean any cause,

whether of the kind enumerated herein or otherwise, not reasonably

within the control of Bobcat, such as acts of God; strikes,

lockouts and industrial disputes or disturbances; inability to

secure or delays in obtaining labor, materials, supplies, permits,

easements or rights-of-way, including inability to secure

materials by reason of allocations promulgated by authorized

governmental agencies; arrests and restraints of governments and

people; interruptions by government or court orders; present and

future valid orders, decisions or rulings of any government or

regulatory entity having proper jurisdiction; acts of the public

enemy; vandalism; wars; riots; civil disturbances; blockades;

insurrections; epidemics; landslides; lightning; tornadoes;

hurricanes; earthquakes; fires; storms; floods; washouts;

inclement weather which necessitates extraordinary measures and

expense to maintain operations; explosions; breakage, accidents

and/or maintenance to plant facilities including machinery, lines

of pipe, accidents and/or unscheduled maintenance of wells or

subsurface storage caverns or reservoirs; testing (as required by

governmental authority or as deemed necessary by Bobcat for the

safe operation of the facilities required to perform the services

hereunder); and the making of repairs or alterations to pipelines,

storage, and plant facilities including Transporter(s)' pipeline

repairs. It is understood and agreed that the settlement of

strikes or lockouts shall be entirely within the discretion of

Bobcat, and that the above requirements that any Force Majeure

shall be remedied with all reasonable dispatch shall not require

the settlement of strikes or lockouts by acceding to the demands

of opposing party when such course is inadvisable in the

discretion of Bobcat.