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shall be withdrawn and the Service Agreement shall continue in full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