Mobile Bay Pipeline Company

Second Revised Volume No. 1

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Effective Date: 02/01/1994, Docket: GT94- 18-000, Status: Effective

Original Sheet No. 320 Original Sheet No. 320 : Effective

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

 

20. FORCE MAJEURE

 

20.1 Effect of Force Majeure - In the event of either Transporter or

Shipper being rendered unable by force majeure to itself or a

necessary third party to wholly or in part carry out its

obligations under the provisions of the Agreement, it is agreed

that the obligations of the party affected by such force majeure,

other than the obligation to make payments thereunder, shall be

suspended 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.

 

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

employed herein shall mean acts and events not within the control

of the party claiming suspension and shall include acts of God,

strikes, lockouts or other industrial disturbances, 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. It is expressly agreed that in

the event Transporter has arranged for third party transportation

in connection with the Agreement, and such third party

transporter asserts force majeure, such event of force majeure on

the system of such third party shall constitute force majeure for

all purposes of the Agreement.

 

Nothing contained herein, however, shall be construed to require

either party to settle a strike against its will. Such causes or

contingencies affecting the performance by either party, however,

shall not relieve it of liability in the event of its concurring