Cheniere Creole Trail Pipeline, L.P.

Original Volume No. 1

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Effective Date: 04/28/2008, Docket: RP08-137-000, Status: Effective

Original Sheet No. 123 Original Sheet No. 123 : Pending

 

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

8. FORCE MAJEURE

 

A. In the event that either party is rendered unable, wholly or in part, by

force majeure to carry out its obligations under the Service Agreement, other

than to make payments due hereunder, it is agreed that subject to such party

giving notice and full particulars of such force majeure in writing to the

other party as soon as possible after the occurrence of the cause relied on,

then 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 as far

as possible be remedied with all reasonable dispatch.

 

B. In the event of any nonperformance caused by any of the forces described

in Section 8.C. herein, the party affected shall as soon as reasonably

practicable notify the other party verbally and within five (5) working days

provide the other party with written confirmation of the nature, cause, date

of commencement and anticipated extent of such nonperformance.

 

C. The term "force majeure" as employed herein shall mean acts of God,

strikes, lockouts, or other industrial disturbances, acts of the public enemy,

wars, blockades, insurrections, riots, epidemics, landslides, lightning,

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

governments and people, civil disturbances, explosions, breakage or accidents

to machinery or lines of pipe, the necessity for making repairs or alterations

to machinery or lines of pipe, freezing of wells or lines of pipe, unplanned

outages on Shipper's facilities, unplanned outages on Transporter's pipeline

system, the inability of Transporter's pipeline system to deliver gas, acts of

civil or military authority (including, but not limited to, courts or

administrative or regulatory agencies),