Crossroads Pipeline Company
First Revised Volume No. 1
Contents / Previous / Next / Main Tariff Index
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.