TF03      90  0  05P126Original Sheet No. 90
TF04
TF05Edward C. McMurtrie, Vice President/General Manager
TF06061193
                       GENERAL TERMS AND CONDITIONS
                                (Continued)


5.  OVERRUN AND UNDERRUN, BALANCING AND PENALTY PAYMENTS (Continued)

    5.5   Penalty Payment for Unauthorized Overrun and Underrun and Failure
          to Balance: (Continued)

          for any other remedy available to Paiute against the offending
          Shipper for failure to respect its obligation to stay within its
          authorized quantities. Paiute shall have the right to take action
          to correct imbalances which threaten the integrity of its system,
          including maintenance of service to other Shippers.

6.  FORCE MAJEURE

    6.1   Relief From Liability:

          Neither party shall be liable in damages to the other on account
          of "force majeure" occasioned by any act, omission or circumstan-
          ces occasioned by or in consequence of any act of God, strikes,
          insurrections, riots, epidemics, landslides, lightning, earth
          quakes, fires, storms, floods, washouts, arrests and restraints
          of rulers and people, civil disturbances, explosions, breakage or
          accident to machinery or lines of pipe, failure of upstream gas
          supply facilities, the binding order of any court or governmental
          authority which has been resisted in good faith by all reasonable
          legal means, and any other cause, whether of the kind herein enu-
          merated or not, and not within the control of the party claiming
          suspension and which by the exercise of due diligence such party
          is unable to prevent or overcome. Failure to settle or prevent
          any strikes or other controversy with employees or with anyone
          purporting or seeking to represent employees shall not be con-
          sidered to be a matter within the control of the party claiming
          suspension.

    6.2   Liabilities Not Relieved:

          Neither Shipper nor Paiute shall be relieved from liability in
          the event of its concurring negligence or failure on its part to
          use due diligence to remedy the force majeure and remove the
          cause with all reasonable dispatch, nor shall such causes or con-
          tingencies affecting performance of any agreement relieve either
-          party from its obligations to make payments when due in respect
          of service theretofore provided.