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. 124 Original Sheet No. 124 : Pending

 

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

partial or entire failure of source of supply, 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 prevent or overcome; such term shall likewise include in those

instances where either party is required to obtain servitudes, rights of way

grants, permits or licenses to enable such party to fulfill its obligations

hereunder, the inability of such party to acquire, or the delays on the part

of such party in acquiring, at reasonable cost and after the exercise of

reasonable diligence, such servitudes, rights of way grants, permits or

licenses; and in those instances where either party is required to furnish

materials and supplies for the purpose of constructing or maintaining

facilities or is required to secure grants or permissions from any

governmental agency to enable such party to fulfill its obligations hereunder,

the inability of such party to acquire, or the delays on the part of such

party in acquiring, at reasonable cost and after the exercise of reasonable

diligence, such materials and supplies, permits and permissions (provided that

to the extent such party has contracted with an affiliate to obtain such

materials and supplies, permits, and permissions, such party shall be entitled

to rely on this provision to excuse such inability or delay only to the extent

of an inability or delay reasonable in comparison to arms-length transactions

with nonaffiliates).

 

D. It is understood and agreed that the settlement of strikes or lockouts

or other industrial disturbances shall be entirely within the discretion of

the party having the difficulty, and that the above requirement that any force

majeure shall be remedied with all reasonable dispatch shall not require the

settlement of strikes or lockouts by acceding to the demands of the opposing

party when such course is inadvisable in the discretion of the party having

the difficulty.

 

E. In the event that Transporter is rendered unable, wholly or in part, by

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

after 10 days following the occurrence of such force majeure incident,

Transporter shall credit Shipper's reservation charges in proportion to the

reduced quantity of service caused by the force Majeure incident for the

period beginning after 10 days following the occurrence and ending at such

time that the force Majeure incident is cured.