Southern Star Central Gas Pipeline, Inc.

Original Volume No. 1

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Effective Date: 05/01/2003, Docket: RP03-352-000, Status: Effective

Original Sheet No. 282 Original Sheet No. 282 : Effective

 

 

GENERAL TERMS AND CONDITIONS

 

 

21. FORCE MAJEURE (Cont'd)

 

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

restraint of rulers and peoples, interruptions by government or court

orders, necessity for compliance with any order, law statute, ordinance

or regulation promulgated by a governmental authority having

jurisdiction, civil disturbances, explosions, breakage or accident to

machinery or lines of pipes, freezing of wells or lines of pipes, sudden

partial or entire failure of natural gas wells, 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 overcome. Additionally, Southern

Star shall be excused in whole or in part, from its performance for

inability to obtain transportation from or through third party

pipelines, or as a result of supervening or fortuitous events or

circumstance, whether or not foreseeable, or within the contemplation of

Southern Star at the time that the Service Agreement was entered into.

 

The settlement of strikes or lockouts shall be entirely within the

discretion of the party having the difficulty and 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 opposing party when such course is inadvisable in the

discretion of the party having the difficulty.

 

Shipper acknowledges that the transportation of gas over long distances

is subject to accident, interruptions, and diminution of pressure, and

that Southern Star's ability to redeliver gas is dependent upon third

parties' deliveries of gas into Southern Star's system and third parties

ability to receive gas from Southern Star's system. Southern Star shall

only be bound to exercise reasonable care and diligence in the

transportation of gas through its lines to the point of delivery.