Egan Hub Storage, LLC

First Revised Volume No. 1

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Effective Date: 02/01/2009, Docket: RP09-160-000, Status: Effective

Third Revised Sheet No. 146 Third Revised Sheet No. 146

Superseding: Second Revised Sheet No. 146

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

17. FORCE MAJEURE

 

17.1 Effect of Force Majeure. In the event Egan Hub is rendered unable, wholly or in

part, by reason of an event of Force Majeure, as defined herein, to perform, wholly or in part,

any obligation or commitment under Customer's service agreement, Egan Hub shall provide notice

and full particulars of such Force Majeure event on its Internet Web site and/or in writing to

Customer within seventy-two (72) hours after the occurrence of the cause relied on, or in such

time and manner that is reasonable under the existing Force Majeure conditions. Upon the

provision of such notice, the obligations of Egan Hub shall be suspended to the extent that

Egan Hub is affected by such Force Majeure event and for the period of such Force Majeure

condition, but for no longer period, and such cause shall as far as possible be remedied with

all reasonable dispatch.

 

17.2 Nature of Force Majeure. The term "Force Majeure" shall mean any cause whether

of the kind enumerated herein or otherwise, not reasonably within the control of Egan Hub, such

as: acts of God; strikes, lockouts and industrial disputes or disturbances; inability to

secure or delays in obtaining labor, materials, supplies, permits, easements or rights-of-way,

including inability to secure materials by reason of allocations promulgated by authorized

governmental agencies; arrests and restraints of governments and people; interruptions by

government or court orders; present and future valid orders, decisions or rulings of any

government or regulatory entity having proper jurisdiction; acts of the public enemy; terrorist

attacks; vandalism; wars; riots; civil disturbances; blockades; insurrections; epidemics;

landslides; lightning; tornadoes, hurricanes; earthquakes; fires; storms; floods; washouts;

inclement weather which necessitates extraordinary measures and expense to maintain operations;

explosions; breakage, accidents and/or maintenance to plant facilities including machinery,

lines of pipe, accidents and/or unscheduled maintenance of wells or subsurface storage caverns

or reservoirs; testing (as required by governmental authority or as deemed necessary by Egan

Hub for the safe operation of the facilities required to perform the services hereunder); and

the making of repairs or alterations to pipelines, storage, and plant facilities including

repairs to the facilities of the interconnected pipeline(s). The settlement of strikes or

lockouts shall be entirely within the discretion of Egan Hub, and the requirement that any

Force Majeure shall be remedied with all reasonable dispatch shall not require the settlement

of strikes or lockouts by acceding to the demands of opposing party when such course is

inadvisable in the discretion of Egan Hub.