Crossroads Pipeline Company

Original Volume No. 1

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Effective Date: 10/02/1995, Docket: CP94-342-001, Status: Effective

Original Sheet No. 57 Original Sheet No. 57 : Effective

 

 

(d) Any changes in the pricing of transportation service

will be provided to the current Shippers via a copy of

the proposed tariff sheets mailed to the Shipper's

place of business.

 

29. APPLICABLE LAWS, REGULATIONS AND WAIVERS

 

29.1 Duly Constituted Authorities, Laws, and Regulations: These

General Terms and Conditions for Transportation Service

and the Rate Schedules and Service Agreements to which

these apply shall be subject to all valid laws of the United

States and of the State of Indiana and State of Ohio and the

orders, rules and regulations of duly constituted

authorities having jurisdiction. Service Agreements subject

to the provisions of these General Terms and Conditions are

voidable by Crossroads, in whole or in part, in the event

that the orders, rules, or regulations in effect on the date

of execution of the Service Agreement are stayed,

overturned, or revised in a way that is unsatisfactory to

Crossroads.

 

29.2 Suits and Proceedings: As to all matters within its actual or

imputed control, Shipper represents and warrants that

service hereunder and all arrangements incident thereto

conform to applicable laws, orders, rules, regulations and

tariffs. Shipper agrees to indemnify and hold Crossroads

harmless against any and all actions, suits or proceedings,

concerning such service or arrangements, which are brought

or instituted by any party or authority having jurisdiction,

except that Shipper shall not indemnify or hold Crossroads

harmless for Crossroads' own negligence or willful

misconduct.

 

29.3 Waiver of Default: No waiver by Shipper or Crossroads of

any one or more defaults by the other in performance of the

provisions of these General Terms and Conditions for

Transportation Service and the Rate Schedules and

Agreements to which these apply shall be construed as a

waiver of any future default or defaults, whether of a like

or a different character.

 

30. FORCE MAJEURE

 

30.1 If either party shall fail to perform any obligation imposed

upon it by these General Terms and Conditions or by an

executed Service Agreement other than the payment of

money, and such failure shall be caused, or materially

contributed to, by: any acts of God; strikes; lockouts; or

other industrial disturbances; act of public enemies;

sabotage; wars; blockages; insurrections; riots; epidemics;

landslides; lightning; earthquakes; floods; storms; fires;

washouts; arrests and restraints of rulers and peoples;

civil disturbances; explosions; breakage of or accidents to

machinery or lines of pipe, materials