Crossroads Pipeline Company

First Revised Volume No. 1

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Effective Date: 11/01/2001, Docket: RP02- 14-002, Status: Effective

Original Sheet No. 194 Original Sheet No. 194 : Effective

 

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.