Rockies Express Pipeline LLC (Entrega)

Second Revised Volume No. 1

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Effective Date: 09/01/2007, Docket: CP06-354-002, Status: Effective

Original Sheet No. 238 Original Sheet No. 238 : Effective

 

GENERAL TERMS AND CONDITIONS

 

21. FORCE MAJEURE

 

21.1 EFFECT OF FORCE MAJEURE

 

In the event of either Transporter or Shipper being rendered

unable by Force Majeure (on its part or that of a necessary third

party) to carry out, wholly or in part, its obligations under the

provisions of an Agreement, it is agreed that the obligations of

the party affected by such Force Majeure, other than the

obligation to make payments thereunder, except as provided in

Section 7.14 of these General Terms and Conditions, 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.

 

21.2 DEFINITION OF FORCE MAJEURE

 

A. The term "Force Majeure" as employed herein shall mean acts

and events not within the control of the party claiming

suspension and shall include acts of God, strikes, lockouts

or other industrial disturbances, wars, riots,

insurrections, epidemics, landslides, lightning,

earthquakes, fires, storms, floods, washouts, acts of

terror, arrests and restraint of rulers and people,

interruptions by government or court orders, present or

future orders of any regulatory body having proper

jurisdiction, civil disturbances, explosions, breakage or

accident to machinery or lines of pipe, the making of

repairs, alterations or replacements, freezing of wells or

pipelines, and any other cause whether of the kind herein

enumerated or otherwise, not within the control of the party

claiming suspension and which, by the exercise of due

diligence, such party is unable to overcome.

 

B. Nothing contained herein, however, shall be construed to

require either party to settle a strike against its will.

Such causes or contingencies affecting the performance 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 reasonable diligence to remedy the

situation and remove the cause in an adequate manner and

with all reasonable dispatch, nor shall such causes or

contingencies relieve either party of liability otherwise

unless such party shall give notice and full particulars of

the same in writing or by electronic means to the other

party as soon as possible after the occurrence relied on.