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.