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