B-R Pipeline Company

Original Volume No. 1

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Effective Date: 05/01/2004, Docket: RP04-224-000, Status: Effective

Original Sheet No. 46 Original Sheet No. 46 : Effective

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

9. FORCE MAJEURE

 

Neither Transporter nor Shipper shall be liable in damages to the

other for any act, omission or circumstance occasioned by or in

consequence of any actual or threatened blockades, insurrections, riots,

epidemics, flood, washouts, landslides, mudslides, earthquakes, extreme

cold or freezing weather, lightning, rulers and peoples, civil

disturbances, explosions, breakage or imminent breakage or freezing of or

accident to machinery or line of pipe, the order of any court or

governmental authority having jurisdiction, required maintenance of

facilities, labor disturbances, and any other cause, whether of the kind

herein enumerated or otherwise, not

reasonably within the control of the party claiming suspension and which

by the exercise of due diligence such party is unable to prevent or

overcome. Failure to prevent or settle any strike or strikes shall not be

considered a matter within the control of the party claiming suspension.