9. PUBLIC NOTICE.
The Commission will issue promptly a Public Notice in which the
Commission proposes to adopt the Contract as a final order, and shall provide
interested parties with thirty (30) days to comment on the Contract and an
additional fifteen (15) days in which to file reply comments.
10. FORCE MAJEURE.
TWC shall not be deemed in breach of its commitments under this
Contract in the event of any delay or failure in performance by any TWC system
from any cause beyond its reasonable control and without its fault or
negligence, including, but not limited to, acts of God, acts of civil or
military authority, government regulations, embargoes, epidemics, war, terrorist
acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents,
floods, strikes, power blackouts, unusually severe weather conditions, or
inability to secure local permits after all diligent efforts by TWC to secure
If any provision, clause or part of this Contract is invalidated by
order of any court having proper jurisdiction over the subject matter of this
Contract, the remainder of this Contract shall not be affected thereby and shall
remain in full force and effect; provided, however, that, if either party
reasonably determines that such invalidation is material to this Contract, the
parties shall negotiate in good faith to reconstitute the Contract in a form
that is, to the maximum extent possible, consistent with both the original
intent of both parties in entering into this Contract and the rationale of such