Guardian Pipeline, L.L.C.

Original Volume No. 1

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Effective Date: 04/01/2008, Docket: RP08-227-000, Status: Effective

First Revised Sheet No. 199 First Revised Sheet No. 199 : Pending

Superseding: Original Sheet No. 199

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

 

24. FORCE MAJEURE (Continued)

 

disturbances; explosions, breakage, or accident to plants,

platforms, equipment, machinery, or lines of pipe by

whatever cause, or the threat thereof or warnings related

thereto; freezing of wells or lines of pipe; any

interruption of off-system firm service; acts of government

or the necessity of complying with any governmental or

judicial rule or order; events of Force Majeure occurring

on upstream or downstream pipelines, gatherers, or

processors; and any other causes, whether of the kind

hereunder enumerated or otherwise, whether affecting

Transporter or Shipper, or any other person including but

not limited to upstream or downstream transporter(s),

gatherer(s), or processor(s), not within the control of the

party claiming suspension and which the exercise of due

diligence by such party is unable to prevent or overcome.

The term of such condition shall likewise include the

inability of either party to acquire, or delays on the part

of such party in acquiring, at reasonable costs and by the

exercise of reasonable diligence, servitudes, rights-of-way

grants, permits, permissions, certificates, authorizations,

licenses, materials, or supplies which are required to

enable such party to fulfill its obligations hereunder.

The settlement of strikes and lockouts shall be entirely

within the discretion of the person affected, and the above

requirements that any Force Majeure shall be remedied with

all reasonable dispatch shall not require the settlement of

strikes or lockouts when such course is inadvisable in the

discretion of the person affected thereby.

 

24.3 Liabilities Not Relieved

 

Any causes or contingencies affecting performance by

a party shall not relieve it of liability that might

otherwise exist 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