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.