Laserfiche WebLink
Metadata
Document management portal powered by Laserfiche WebLink 9 © 1998-2015 Laserfiche. All rights reserved.
<br />hereunder. Upon the tennination of this ConO'acl. any money so deposited, less any amount due TXUGD by <br />Customer, will be refunded to Customer. <br /> <br />13. Force Maieure <br /> <br />(a) In the event either pany is rendered unable, wholly or in pan. by force majeure to carry out its obligations under <br />this Contract. except the obligation to pay monies due hereunder. it is agreed that. on such pany's giving notice and <br />reasonably full paniculars of such force majeure, in writing or by fax. email. elecO'onic transfer or telecopy, to the <br />other party within a reasonable time after the occurrence of the cause relied on, the obligations of the pany giving <br />such notice. to the extent they are affected by such force majeure. will be suspended during the continuance of any <br />inability so caused, but for no longer period, and such cause will, so far as possible. be remedied with all reasonable <br />dispatch. Inability or failure of TXUGO to deliver or TXUGD to receive gas or perform under this Contract may <br />not be the basis of claims for damages sustained by either party or for breach of contract when due to force majeure. <br /> <br />(b) The term "force majeure," as employed herein, means acts efGod; the elements; strikes. lockouts or other labor <br />troubles or industrial disturbances; acts of the public enemy. wars. blockades. insurrections. civil disturbances and <br />riots. and epidemics: landslides. lightning, earthquakes. fires. storms. floods and washouts; acts. arrests, orders. <br />directives. restraints and requirements of the government and governmental agencies. whether federal. state. civil or <br />military; accidents: explosions; breakage. accident or obstructions involving a pipeline. machinery or lines of pipe; <br />repairs or outages (shutdowns) of power plant equipment or lines of pipe for inspection, maintenance. change or <br />repair: freezing of lines of pipe; depletion or failure ofTXUGO's gas supply; fluctuations in gas pressure; demands <br />in excess of the capacity of TXUGO's equipment. pipelines or TXUGO's sources of gas supply; and any other <br />causes. whether of the kind enumerated or otherwise. not reasonably within the control of the p~y claiming <br />suspension. It is understood and agreed that the handling of litigation with third parties of any fact or issue and the <br />senlement of strikes or lockouts will be entirely within the discretion and control of the party involved, and that the <br />above reasonable dispatch will not require any particular action or the settlement of strikes or lockouts by acceding <br />to the demand of the opposing party when such course is deemed to be inadvisable or inappropriate in the discretion <br />of the pany involved. <br /> <br />14. Waiver of Breaches. Defaults or Rillhts. Performance duriml Defaull <br /> <br />No wai ver by either party hereto of anyone or more breaches, defaults or rights under any provision of this Contract <br />will operate or be construed as a waiver of any orner breaches. defaults or rights. whether of a like or of a different <br />character. By providing \\triuen notice to the other pany. either pany may assen any right not prcviously asserted <br />hcreunder or may assert its right to object to a default not previously protested. Except as specifically provided <br />herein. in the event of any dispute under this Contract, the panies will. notwithstanding the pendency of such <br />dispUle. diligently proceed with the performance of this Contract withoUl prejudice to the rights of either parry. <br /> <br />15. Remedv for Breach <br /> <br />Except as otherwise specifically provided herein, if either party fails to perform any of the covenants or obligations <br />imposed upon it in this Contract (except where such failure is excused under the Force Majeure provisions hereoO, <br />then the other party may. at its option (without waiving any other remedy far breach hereoO. by notice in writing <br />specifying the facts giving rise to the default has occurred. indicate such party's election to terminate this Contract <br />due to such failure. However, Customer's faiJureto pay TXUGO within a period often (\0) days following <br />Customer's receipt of written notice from TXUOO advising of such failure to make payment in full within the time <br />specified previously herein. will be a default that wi)) give TXUGO the right to immediately terminate this Contract, <br />unless such failure to pay such amounts is the result of a bona fide dispute between the panies hereto regarding such <br />amounts hereunder and Customer timely pays all amounts not in dispute. With respect to any other matters. the <br />pany in default will have thirty (30) days from receipt of such notice to remedy such default. and upon failure to do <br />so, the party sending the notice of default may terminate this Contract from and after the expiration of such thirty <br />(30) day period by sending the other parry a notice of termination within thirty (30) days from the end of the prior <br />thirty (30) day period. Such tennination will be an additional remedy and will not prejudice the right of the party <br />not in default to conect any amounts due hereunder for any damage or loss suffered by it and will not waive any <br />other remedy to which the pany not in default may be entitled for breach of this Contract. <br /> <br />16. DisfJute Resolution <br /> <br />Pursuant to the Federal Arbitralion Act, tM parties hereby agree that any controversy, claim or alleged <br />breach, including but not limited to torts and statutory claims, arising out of or related to this Contract <br />shaU be settled by binding arbitration administered by the American Arbitration Association ("AM ") <br /> <br />9 <br /> <br />Rev OS/25/01 Attach. to Rate Sch. 4221 <br /> <br />12 <br />