Dauphin Island Gathering Partners

Original Volume No. 1

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Effective Date: 12/23/1997, Docket: CP97-300-002, Status: Effective

Original Sheet No. 136 Original Sheet No. 136 : 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.

 

(c) If an incident of Force Majeure claimed by

Transporter prevents Transporter from performing

transportation service for Shippers under existing

Transportation Service Agreements under Rate

Schedules FT-1 (MP), FT-1 (DI), FT-2 (MP), FT-2 (DI)

and FT-3 (MP), then to the degree such service is

not available for those Shippers' use, no

reservation charge will be collected by Transporter

for the degree of service not available to those

Shippers.