Destin Pipeline Company, L.L.C.
Original Volume No. 1
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Effective Date: 06/01/2001, Docket: RP01-402-000, Status: Effective
Third Revised Sheet No. 65 Third Revised Sheet No. 65 : Effective
Superseding: Second Revised Sheet No. 65
GENERAL TERMS AND CONDITIONS
(Continued)
8.3 Force Majeure:
(a) In the event of either COMPANY or SHIPPER being
rendered unable, wholly or in part, by force
majeure to carry out its obligations under the
Service Agreement, it is agreed that, on such
party giving notice and full particulars of such
force majeure electronically on Company's
Interactive Internet Website or in writing or by
telephone (followed by confirmation on Company's
Interactive Internet Website or in writing) or by
facsimile machine to the other party as soon as
practicable after the occurrence of the cause
relied on, the obligations of the party giving
such notice, other than SHIPPER'S payment of any
applicable reservation charges and other payments
due, so far as they are affected by such force
majeure, shall be suspended during the continuance
of any inability so caused but for no longer
period; and such cause shall as far as possible be
remedied with all reasonable dispatch. To the
extent that a SHIPPER is prevented from complying
with Section 25 due to an event of force majeure,
penalties under Section 25 of the General Terms
and Conditions will not be assessed for the
duration of said event of force majeure.
The term "force majeure" shall mean acts of God,
strikes, lockouts or other industrial disturbances,
sabotage, acts of the public enemy, wars, blockades,
insurrections, riots, epidemics, landslides, lightning,
earthquakes, fires, storms, floods, washouts, arrests
and restraints of governments and people, civil
disturbances, explosions, breakage or accident to
plants, platforms, equipment, machinery or lines of
pipe, and the necessity for maintenance of or making
repairs or alterations to machinery, facilities or
lines of pipe, freezing of wells, or lines of pipe,
authorized abandonment of any lines of pipe connected
to COMPANY's facilities or the processing plant at
Pascagoula, Mississippi, partial or entire failure of
wells, and any other causes, whether of the