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. 266 Original Sheet No. 266

 

GENERAL TERMS AND CONDITIONS

(CONTINUED)

 

15. FORCE MAJEURE

 

15.1 If either Transporter or Shipper fails to perform any obligations

under an Agreement due to an event of Force Majeure, such failure

shall be deemed not to be a breach of such obligations and

neither party shall be liable in damages or otherwise as a result

of an event of Force Majeure. A party that fails to perform any

obligations under an Agreement where such failure is caused by an

event of Force Majeure shall promptly remedy the cause of the

Force Majeure insofar as it is reasonably able to do so.

 

15.2 Notwithstanding the above provisions, no event of Force Majeure

shall:

 

(a) relieve any party from any obligation or obligations

pursuant to an Agreement unless such party gives notice

with reasonable promptness of such event to the other

party;

 

(b) relieve any party from any obligation or obligations

pursuant to an Agreement after the expiration of a

reasonable period of time within which, by the use of its

due diligence, such party could have remedied or overcome

the consequences of such event of Force Majeure; or

 

(c) relieve either party from its obligations to make payments

of amounts as provided in the applicable Rate Schedule,

subject to any credit provided for in the applicable Rate

Schedule.