Nautilus Pipeline Company, LLC

Original Volume No. 1

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Effective Date: 12/01/1997, Docket: CP96-790-003, Status: Effective

Original Sheet No. 198 Original Sheet No. 198 : Effective

 

GENERAL TERMS AND CONDITIONS

 

 

25. FORCE MAJEURE

 

25.1 Liability Excused

 

In the event either Transporter or Shipper is unable,

in whole or in part, by reason of the existence of a

force majeure event to carry out its obligations under

the Service Agreement it is agreed that, on such party

giving notice and full particulars of such force

majeure to the other party in a form consistent with

Section 9 hereof as soon as possible after the

occurrence of the cause relied on, the obligations of

both parties, so far as they are affected by such event

of force majeure, shall be excused during the

continuance of any inability so caused but for no

longer period. Provided, however, the party claiming

the existence of force majeure shall use all reasonable

efforts to remedy any situation which may interfere

with the performance of its obligations hereunder.

 

25.2 Force Majeure

 

The term "force majeure" shall mean any event or

condition whether affecting Transporter or Shipper, or

any other person, which has prevented, hindered or

delayed, or may reasonably be expected to prevent,

hinder, or delay, either Transporter or Shipper from

performing any obligation hereunder in whole or in

part, if such event or condition is beyond the

reasonable control of the party claiming force majeure.

Such events or conditions shall include, but shall not

be limited to: acts of God; strikes, lockouts or other

industrial disturbances; sabotage, acts of the public

enemy, wars, blockades, insurrections, riots or

epidemics; landslides, lightning, earthquakes, fires,

hurricanes and threats of hurricanes, storms, storm

warnings, floods or washouts; arrests and restraints of

government and people or civil disturbances;