American Midstream (AlaTenn), LLC

Fifth Revised Volume No. 1

 Contents / Previous / Next / Main Tariff Index

 

 

Effective Date: 05/01/2010, Docket: RP10-493-000, Status: Effective

Original Sheet No. 160 Original Sheet No. 160

 

GENERAL TERMS AND CONDITIONS (continued)

 

11. FORCE MAJEURE AND REMEDIES

 

11.1 Relief from liability: Neither Transporter nor Shipper shall be liable in

damages to the other

for any

act, omission, or circumstances occasioned by or in consequence of any acts of

God, strikes,

lockouts,

acts of the public enemy, wars, blockades, insurrections, riots, epidemics,

landslides, lightning,

earthquakes, fires, storms, floods, washouts, arrests and restraints of rulers and

peoples, civil

disturbances, explosions, breakage or accidents to machinery or lines of pipe, line

freeze ups,

temporary failure of firm gas supply, the binding order of any court or

governmental authority

which has

been resisted in good faith by all reasonable legal means, and any other cause,

whether caused

or

occasioned by or happening on account of the act or omission of one of the

Parties to the

executed

Service Contract between Transporter and Shipper or some person or concern

not a party

thereto, not

within the control of the Party claiming suspension and which by the exercise of

due diligence

such

party is unable to prevent or overcome. A failure to settle or prevent any strike or

other

controversy with

employees or with anyone purporting or seeking to represent employees shall not

be considered

to be a

matter within the control of the Party claiming suspension.

 

11.2 Liabilities not relieved: Such causes or contingencies affecting the

performance of said

executed

Service Contract by either Party, however, shall not relieve it of liability in the

event of its

concurring

negligence or in the event of its failure to use due diligence to remedy the situation

and remove

the

cause in an adequate manner and with all reasonable dispatch, nor shall such

cause or

contingencies

affecting the performance of said Contract relieve either Party from its obligations

to make

payments of

amounts then due thereunder, nor shall such causes or contingencies relieve

either Party of

liability

unless such Party shall give notice and full particulars of the same in writing or by

electronic

communication to the other Party as soon as possible after the occurrence relied

on.

 

11.3 Termination of executed Service Contract: If either Transporter or Shipper

shall fail to

perform

any of the