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.