Southeast Supply Header, LLC
Original Volume No. 1
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Effective Date: 09/04/2008, Docket: CP07-44-005, Status: Effective
Original Sheet No. 205 Original Sheet No. 205
GENERAL TERMS AND CONDITIONS
(CONTINUED)
1. DEFINITIONS (continued)
The term "Force Majeure" as used herein shall mean acts of God,
strikes, lockouts, or other industrial disturbances; acts of the public
enemy, terrorist attacks, vandalism, wars, blockades, insurrections,
riots, epidemics, landslides, lightning, earthquakes, fires, storms
(including but not limited to hurricanes or hurricane warnings),
crevasses, floods, washouts, arrests and restraints of the government,
either Federal or State, civil or military, civil disturbances. Force
Majeure shall also mean shutdowns due to power outages and/or for
purposes of necessary repairs, relocation, or construction of
facilities; failure of electronic data capability; breakage or accident
to machinery or lines of pipe; the necessity for testing (as required
by governmental authority or as deemed necessary by Transporter for the
safe operation thereof), the necessity of making repairs or alterations
to machinery or lines of pipe; failure of surface equipment or pipe
lines; accidents, breakdowns, inability to obtain necessary materials,
supplies or permits, or labor to perform or comply with any obligation
or condition of service, rights of way; and any other causes, whether
of the kind herein enumerated or otherwise which are not reasonably in
Transporter's control. It is understood and agreed that the settlement
of strikes or lockouts or controversies with landowners involving
rights of way shall be entirely within Transporter's discretion and
that the requirement in Section 15.1 of the General Terms and
Conditions that any Force Majeure shall be remedied with all reasonable
dispatch shall not require the settlement of strikes or lockouts or
controversies with landowners involving rights of way by acceding to
the demands of the opposing party when such course is inadvisable in
the discretion of Transporter.
The term "Gas" shall mean natural gas, including cap gas, casinghead
gas produced with crude oil, gas from gas wells, gas from condensate
wells, synthetic natural gas, or any mixture of these gases meeting
the quality standards under Section 3 of these General Terms and
Conditions.
The term "Gas Delivered Hereunder" shall mean the quantities of Gas
allocated to Shipper by Transporter, as determined in accordance
with the provisions of Section 7 of these General Terms and
Conditions.