Discovery Gas Transmission LLC
Original Volume No. 1
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Effective Date: 11/10/1997, Docket: CP96-712-002, Status: Effective
Original Sheet No. 190 Original Sheet No. 190 : Effective
21.3 TERM EXTENSION - The term of any Effective Agreement will
not be extended beyond its normal termination date by any
periods of time during which performance is suspended due
to an event of force majeure.
21.4 LIABILITY - Neither party shall be liable to the other
for any consequential or financial losses or damages,
regardless of the nature thereof and howsoever occurring,
whether such losses or damages be direct or indirect,
immediate or remote, by reason of, caused by, arising out
of, or in any way attributable to the suspension of
performance of any obligation of either party when such
suspension occurs because a party is rendered unable,
wholly or in part, by an event of force majeure, to
perform its obligations.
21.5 NATURE OF FORCE MAJEURE - The term "force majeure" as
used herein shall mean, cover and include the following:
a. Acts of God including, without limitation,
epidemics, landslides, hurricanes, floods, washouts,
lightning, earthquakes, storm warnings, perils of
the sea, extreme heat or extreme cold, any other
adverse weather conditions, and threats of any of
the foregoing, and whether preceded by, concurrent
with, or followed by acts or omissions of any human
agency, whether foreseeable or not, which may
directly or indirectly contribute to or result in
either party's inability to perform its obligations.
b. Acts of Government including, without limitation,
laws, orders, rules, decrees, judgments, judicial
actions, regulations, acts of arrest or restraint,
and any threats of any of the foregoing, by any
government (de jure or de facto), or any agency,
subdivision, or instrumentality thereof, having,
claiming or asserting authority or jurisdiction over
the severance, production, gathering,
Transportation, handling, sale, receipt or delivery