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. 58 Original Sheet No. 58 : Effective

 

 

or equipment; the failure of any of Shipper's gas suppliers

to deliver gas, or failure of Shipper to receive gas, in

accordance with its obligations if such failure is

occasioned by an event or occurrence of the character

described in this Section as constituting force majeure; any

legislative, administrative or judicial action which has been

resisted in good faith by all reasonable legal means; any act

or omission whether of the kind herein enumerated or

otherwise not within the control of the party involving this

Section and which by the exercise of due diligence such

party could not have prevented, or shall be occasioned by

the necessity for making repairs to or reconditioning

machinery, equipment, or pipelines, not resulting from the

fault or negligence of such party; such failure shall be

deemed not to be a breach of the obligation of such party,

but such party shall use reasonable diligence to put itself

in a position to carry out its obligations. Nothing contained

herein shall be construed to require either party to settle

a strike or lockout by acceding against its judgement to the

demands of the opposing parties.

 

30.2 No such cause affecting the performance of either party

shall continue to relieve such party from its obligation

after the expiration of a reasonable period of time within

which by the use of due diligence such party could have

remedied the situation presenting its performance, nor

shall any such cause relieve either party from any

obligation unless such party shall give notice thereof in

writing to the other party with reasonable promptness; and

like notice shall be given upon termination of such cause.

 

30.3 The obligations and liabilities of Shipper with respect to

payment of the Reservation Charge under circumstances of

non-delivery shall be negotiated by Crossroads and Shipper

and reflected in Shipper's Service Agreement. Except as

explicitly provided therein, such obligations and liabilities

shall not be subject to any counterclaim, set-off, deduction

or defense based upon any claim that Shipper may have

against Crossroads or any other person or entity (whether

arising under the Service Agreement or otherwise), and shall

remain in full force and effect without regard to, and shall

not be released, discharged or in any way affected by any

circumstances or condition that might constitute a legal or

equitable discharge or defense of Shipper or any other

reason (whether or not Shipper shall have any knowledge or

notice thereof).

 

31. LIABILITY OF PARTIES

 

Crossroads and Shipper each assume full responsibility and

liability for the maintenance and operation of its respective

properties and shall indemnify and save harmless the other party

from all liability and expense on account of any and all