Crossroads Pipeline Company

First Revised Volume No. 1

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Effective Date: 11/01/2001, Docket: RP02- 14-000, Status: Effective

Original Sheet No. 163 Original Sheet No. 163 : Superseded

 

GENERAL TERMS AND CONDITIONS

(Continued)

15. FORCE MAJEURE

15.1 Defined. Neither Transporter nor Shipper shall be liable to the other for any damages occurring

because of force majeure. The term force majeure means an event that creates an inability to serve that could

not be prevented or overcome by the due diligence of the party claiming force majeure. Such events include,

but are not defined by or limited to, acts of God, strikes, lockouts, acts of a public enemy, acts of

sabotage, wars, blockades, insurrections, riots, epidemics, landslides, earthquakes, fires, hurricanes,

storms, tornadoes, floods, washouts, civil disturbances, explosions, accidents, freezing of wells or

pipelines, partial or entire electronic failure (including the failure of the EBB and the EBB backup plan, or

the failure of SCADA or electronic measurement equipment), mechanical or physical failure that affects the

ability to transport gas, or the binding order of any court, legislative body, or governmental authority which

has been resisted in good faith by all reasonable legal means. Failure to prevent or settle any strike or

strikes shall not be considered to be a matter within the control of the party claiming suspension.

15.2 In Operation. Such causes or contingencies affecting the performance hereunder by either Transporter

or Shipper, however, shall not relieve it of liability in the event of its concurring negligence or in the

event of its failure to use due diligence to remedy the situation and to remove the cause in an adequate

manner and with all reasonable dispatch, nor shall such causes or contingencies affecting such performance

relieve either party from meeting all payment obligations.