Dominion South Pipeline Co., LP

Original Volume No. 1

 Contents / Previous / Next / Main Tariff Index

 

 

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.