Dauphin Island Gathering Partners

First Revised Volume No. 1

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Effective Date: 03/16/1999, Docket: CP98- 6-003, Status: Effective

Original Sheet No. 146 Original Sheet No. 146 : Effective

 

 

(b) The term "Force Majeure" shall mean any event or condition whether affecting

Transporter or Shipper or any other person, which has prevented, hindered or

delayed either Transporter or Shipper from performing any obligation hereunder

in whole or in part, if such event or condition is beyond the reasonable control of

the party claiming Force Majeure. Such events or condition shall include, but

not be limited to: acts of God; strikes, lockouts or other industrial disturbances;

sabotage, acts of the public enemy, wars, blockade, insurrections, riots or

epidemics; landslides, lightning, earthquakes, fires, hurricanes, storms, storm

warnings, floods or washouts; arrests and restraints of governments and people

or civil disturbances; explosions, breakage or accident to plants, platforms,

equipment, machinery or lines of pipe; freezing of wells, or lines of pipe;

abandonment from jurisdiction under the Natural Gas Act of any pipelines

immediately connected to Transporter's facilities; acts of government or the

necessity of complying with any governmental or judicial rule or order; and any

other causes, whether of the kind herein enumerated or otherwise, whether

affecting Transporter or Shipper, or upstream or downstream transporters or

gatherers immediately connected to Transporter's facilities, not within the

control of the party claiming suspension and which by the exercise of due

diligence such party is unable to prevent or overcome; such term shall likewise

include the inability of either party to acquire, or delays on the part of such party

in acquiring at reasonable cost and by the exercise of reasonable diligence,

servitudes, rights-of-way grants, permits, permissions, certificates,

authorizations, licenses, materials or supplies which are required to enable such

party to fulfill its obligations hereunder. It is understood and agreed that the

settlement of strikes or lockouts shall be entirely within the discretion of the

person affected, and the above requirements that any Force Majeure shall be

remedied with all reasonable dispatch shall not require the settlement of strikes

or lockouts when such course is inadvisable in the discretion of the person

affected thereby.