Eastern Shore Natural Gas Company

Second Revised Volume No. 1

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Effective Date: 11/01/1997, Docket: CP96-128-004, Status: Effective

Original Sheet No. 182 Original Sheet No. 182 : Effective

 

EASTERN SHORE NATURAL GAS COMPANY

GENERAL TERMS AND CONDITIONS

(Continued)

 

28. Force Majeure

 

(a) The term "Force Majeure" as employed herein shall mean

acts of God, strikes, lockouts, or other labor

disturbances, acts of the public enemy, wars, blockades,

insurrections, riots, epidemics, landslides, lightning,

earthquakes, fires, storms, floods, washouts, arrests and

restraint of governments and peoples, civil disturbances,

explosions, breakage or accidents to machinery or lines

of pipe, the necessity for making non-routine repairs or

alterations to machinery or lines of pipe, freezing of

lines of pipe, unplanned outages on Buyer's facilities,

unplanned outages on Seller's pipeline system, acts of

civil or military authority (including, but not limited

to, courts or administrative or regulatory agencies),

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.

 

(b) In the event that either Seller or Buyer is rendered

unable, wholly, or in party, by Force Majeure to carry

out its obligations under any Service Agreement(s), other

than to make payments due thereunder, it is agreed that

the party affected shall as soon as reasonably