Dominion South Pipeline Co., LP
Original Volume No. 1
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Effective Date: 12/16/2005, Docket: CP05- 77-001, Status: Effective
Original Sheet No. 1024 Original Sheet No. 1024 : Effective
GENERAL TERMS AND CONDITIONS
FORCE MAJEURE LIMITATION ON OBLIGATION TO PROVIDE SERVICE
9. FORCE MAJEURE LIMITATION ON OBLIGATION TO PROVIDE SERVICE
9.1 In the event of either party being rendered unable in whole or in part by a Force Majeure
Event to carry out its obligations, other than the obligation to make payment of amounts
accrued and due hereunder at the time thereof, it is agreed that on such party's giving
notice and full particulars of such Force Majeure to the other party by written notice,
electronic transmission, telephone, Pipeline's information system, or other means, within
a reasonable time after the occurrence of the cause relied on, the obligations of the party
giving such notice, so far as they are affected by such Force Majeure, shall be suspended
during the continuance of any inability so caused, but for no longer period, and such cause
shall so far as possible be remedied with all reasonable dispatch. Neither party shall be
liable in damages to the other for any act, omission, or circumstances occasioned by or in
consequence of Force Majeure. Provided, however, the party claiming the existence of Force
Majeure shall use all reasonable efforts to remedy any situation that may interfere with the
performance of its obligations hereunder, and the existence of Force Majeure shall not
relieve a party from its obligations to make payments as then due or becoming due under a
Service Agreement, including the obligation to pay reservation or other fixed charges during
the period of Force Majeure, except as provided in GT&C Section 10.
9.2 The term "Force Majeure Event" as employed herein shall include, but not be limited to, acts
of God, strikes (the settlement of which shall be at the discretion of the affected party's
management), lockouts or other industrial disturbances, acts of the public enemy, acts of
terrorism, wars, blockades, insurrections, riots, epidemics, landslides, lightning,
earthquakes, fires, hurricanes, storms, floods, washouts, inclement weather that
necessitates extraordinary measures and expense to maintain operations, priority limitation
or restraining orders of any kind of the government of the United States or a State or of
any civil or military entity, acts of civil disobedience, civil or military disturbances,
explosions, breakage, accidents or repairs to machinery or lines or pipe, freezing of wells
or lines or pipe, inability to obtain or unavoidable delay in obtaining material and
equipment, and any other causes, whether of the kind herein enumerated or otherwise, not
reasonably within the control of the party claiming suspension. A Force Majeure Event shall
not include a lack of finances.