TransGas Comprehensive Tariff
Article 1 Customer Specific Facilities Construction 1.1) Subject to the terms and conditions of this Service Specification and the Tariff, TransGas will provide a Customer Specific Facilities Construction Service and construct Customer Specific Facilities upon the request from Customer in accordance with the terms, conditions and provisions of this Service Specification and the Tariff. Article 2 Definitions 2.1) The uppercase terms used herein shall have the same meanings as are ascribed to the corresponding terms in the General Terms and Conditions of the Tariff, unless otherwise defined herein. Article 3 General Provisions 3.1) It is understood and agreed to by the Persons that where the reference to TransGas appears in these terms and conditions, this reference includes the interests and obligations of SaskEnergy Incorporated in this matter. 3.2) Subject to execution of a TransGas Service Agreement and a TransGas Contract and compliance with the terms and conditions herein, TransGas will construct the Customer Specific Facilities in accordance with the details outlined on the TransGas Contract. Article 4 Default 4.1) In the event the Customer fails to complete any of the obligations set out in these terms and conditions, TransGas shall notify the Customer of such breach, and if the Customer fails to remedy the breach within five (5) Days of Customer’s receipt of the TransGas notice, then TransGas shall have the right to terminate this Service with no further obligation, and recover compensation from the Customer for costs incurred by TransGas to the date of termination. Article 5 Force Majeure 5.1) It is agreed that in the event TransGas is rendered unable, wholly or in part, by reason of Force Majeure, to carry out its obligations under this Service, then on giving notice and full particulars of such Force Majeure in writing as soon as reasonably possible after the occurrence of the Force Majeure, then:
(a) TransGas, at its discretion, will have the right to suspend its obligation under this Service until it can reasonably assume its operations after the cessation of the Force Majeure event. (b) TransGas will then have the right to offer to the Customer a revised timing and financial arrangement to complete TransGas’ obligations under this Service. The revised financial arrangement shall only reflect charges directly incurred as a result of the event of Force Majeure. (c) Customer will then have the right to accept or reject the revised timing and financial arrangement.
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Service Specifications 3.6 Customer Specific Facilities Construction
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