El Paso Natural Gas Company

First Revised Volume No. 1-A

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Effective Date: 05/01/1990, Docket: GT90- 26-000, Status: Effective

Original Sheet No. 216 Original Sheet No. 216 : Superseded

 

TRANSPORTATION GENERAL TERMS AND CONDITIONS

(Continued)

 

7. FORCE MAJEURE

 

7.l Effect of Force Majeure - In the event of either El Paso or

Shipper being rendered unable by force majeure to wholly or in

part carry out its obligations under the provisions of the

executed Transportation Service Agreement, it is agreed that

the obligations of the party affected by such force majeure,

other than to make payments due, shall be suspended without

liability for breach of contract during the continuance of any

inability so caused but for no longer period, and such cause

shall, so far as possible, be remedied with all reasonable

dispatch. A force majeure event affecting the performance by

either party shall not relieve it of liability in the event of

its concurring negligence, where such negligence was a cause

of the force majeure event, or in the event of its failure to

use reasonable diligence to remedy the situation and remove

the cause in an adequate manner and with all reasonable

dispatch, nor shall such causes or contingencies relieve

either party of liability unless such party shall give notice

and full particulars of the same in writing to the other party

as soon as possible after the occurrence relied on.

 

7.2 Definition of Force Majeure - The term "force majeure" as

employed herein shall mean acts of God, strikes, lockouts or

other industrial disturbances, failure of any third parties

necessary to the performance by either El Paso or Shipper

under the executed Transportation Service Agreement, inability

to obtain pipe or other material or equipment or labor, wars,

riots, insurrections, epidemics, landslides, lightning,

earthquakes, fires, storms, floods, washouts, arrests and

restraint of rulers and people, interruptions by government or

court orders, present or future orders of any regulatory body

having proper jurisdiction, civil disturbances, explosions,

breakage or accident to machinery or lines of pipe, freezing

of wells or pipelines, and any other cause whether of the kind

herein enumerated or otherwise, not within the control of the

party claiming suspension and which, by the exercise of due

diligence, such party is unable to overcome. Nothing

contained herein, however, shall be construed to require

either party to settle a strike against its will.