Ozark Gas Transmission System

First Revised Volume No. 1

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Effective Date: 01/01/1996, Docket: RP95-458-000, Status: Effective

First Revised Sheet No. 99 First Revised Sheet No. 99 : Superseded

Superseding: Original Sheet No. 99







8.1 If by reason of force majeure either Transporter

or Shipper is rendered unable, wholly or in part,

to carry out its obligations under an executed

FTS Agreement, other than to make payments when

due, and if such party gives notice in the form

set forth in an executed FTS Agreement and

reasonably full particulars of such force majeure

condition 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

be excused from performance under the FTS

Agreement; provided, however, such force majeure

condition shall be remedied with all reasonable

dispatch. Settlement of labor difficulties

shall be strictly within the discretion of the

party having the difficulty.


8.2 Force Majeure Defined. Without limitation by

this recital, force majeure shall include acts of

God; acts of a public enemy; fires; necessity for

compliance with any court order, law, regulation

or ordinance of authorities having jurisdiction,

either federal or state, civil or military; civil

disturbances, shutdowns for purposes of necessary

repairs, relocation, or construction of

facilities; breakage or accident to machinery or

lines of pipe; the necessity for testing (as

required by governmental authority or as deemed

necessary by the testing party for the safe

operation thereof); the necessity of making

repairs or alternations to machinery or lines of

pipe; failure of surface equipment of pipelines;

inability of either party hereto to obtain

necessary material, supplies, or permits, or

labor to perform or comply with any obligations

or conditions of this FTS Rate Schedule or an