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.