Great Lakes Gas Transport, L.L.C.
Second Revised Volume No. 1
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Effective Date: 11/01/1993, Docket: RP97-157-006, Status: Effective
Original Sheet No. 108 Original Sheet No. 108 : Effective
GENERAL TERMS AND CONDITIONS
FOR TRANSPORTATION SERVICE
(cont'd)
8. FORCE MAJEURE (cont'd)
8.2 Liabilities Not Relieved. Such causes or contingencies affecting the
performance of any sales or transportation agreement by either party,
however, shall not relieve it of liability in the event of its
concurring negligence or in the event of its failure to use due
diligence to remedy the situation and remove the cause in an adequate
manner and with all reasonable dispatch, nor shall such causes or con-
tingencies affecting the performance of said Service Agreement relieve
either party from its obligations to make payments of amounts due
thereunder, nor shall such causes or contingencies relieve either
party of liability unless such party shall give notice and full
particulars of the same in writing or by telegraph to the other party
as soon as possible after the occurrence relied on.
8.3 Termination of Service Agreement. If either Transporter or Shipper
shall fail to perform any of the covenants or obligations imposed upon
it by a Service Agreement, then in such event the other party may at
its option terminate said Service Agreement by proceeding as follows:
the party not in default shall cause a written notice to be served on
the party in default stating specifically the cause for terminating
the Service Agreement and declaring it to be the intention of the
party giving the notice to terminate the same; thereupon, the party in
default shall have thirty (30) days after the service of the aforesaid
notice in which to remedy or remove the cause or causes stated in the
notice for terminating the Service Agreement, and if within said
period of thirty (30) days the party in default does so remove and
remedy said cause or causes and fully indemnify the party not in
default for any and all consequences of such breach, then such notice
shall be withdrawn and the Service Agreement shall continue in full
force and effect.
In case the party in default does not so remedy and remove the
cause or causes or does not indemnify the party giving the notice for
any and all consequences of such breach within said period of thirty
(30) days, the Service Agreement shall terminate; provided, however,
that Transporter may not terminate the Service Agreement until it has
obtained the authorization required by valid laws, order, rules and
regulations of duly constituted authorities having jurisdiction. Any
termination of the Service Agreement pursuant to the provisions of
this Section 8.3 shall be without prejudice to the right of