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