Central New York Oil And Gas Company, LLC

Original Volume No. 1

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Effective Date: 12/01/2001, Docket: CP00- 61-001, Status: Effective

Original Sheet No. 96 Original Sheet No. 96 : Effective

 

GENERAL TERMS AND CONDITIONS (continued)

 

9. FORCE MAJEURE

 

9.1 Definition. The term "force majeure" as used

herein shall mean, without limitation, acts of

God, strikes, lockouts, or other industrial

disturbances; acts of the public enemy, wars,

blockades, insurrections, riots, epidemics,

landslides, lightning, earthquakes, fires, storms

(including but not limited to tornadoes or tornado

warnings), crevasses, floods, washouts; arrests,

restraints and necessity for compliance with any

court order, law, regulation or ordinance of any

authority having jurisdiction either Federal or

State, civil or military; and civil disturbances.

Relative to Seller's service and solely to the

operation of its system, force majeure shall also

mean shutdowns for purposes of necessary repairs,

relocation, or construction of facilities;

breakage or accident to machinery, wells or lines

of pipe or casings; testing (as required by

governmental authority or as deemed necessary by

Seller for the safe operation of the underground

storage reservoir and facilities required to

perform the service hereunder), the necessity of

making repairs or alterations to machinery or

lines of pipe; failure of wells, surface equipment

or pipe lines, well or line freeze ups; accidents,

breakdowns, inability to obtain necessary

materials, or supplies or permits, or labor or

land rights to perform or comply with any

obligation or condition of an Agreement; failure

of Seller's provider to supply electricity for any

reason; and any other causes, whether of the kind

herein enumerated or otherwise which are not

reasonably in Seller's control. It is understood

and agreed that the settlement of strikes or

lockouts or controversies with landowners

involving rights of way shall be entirely within

Seller's discretion 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 or controversies

with landowners involving rights of way by

acceding to the demands of the opposing party when

such course is inadvisable in the discretion of

Seller.

 

9.2 Force Majeure. If by reason of force majeure

either party hereto is rendered unable, wholly or in part,

to carry out its obligations under an Agreement, it is

agreed that on such party giving notice in full particulars

of such force majeure in writing to the other party within a

reasonable time after the occurrence of the cause relied on,

the party giving such notice, so far as and to the extent

that it is affected by such force majeure, shall not be

liable in damages 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.

Seller shall not be liable in damages to Customer other than

for acts of gross negligence or willful misconduct and then

only where force majeure does not apply.