Granite State Gas Transmission, Inc.

Third Revised Volume No. 1

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Effective Date: 05/07/2020, Docket: RS93- 1-001, Status: Accepted

Original Sheet No. 220 Original Sheet No. 220 : Effective

 

 

 

GENERAL TERMS AND CONDITIONS

(continued)

 

 

9. FORCE MAJEURE AND REMEDIES

 

9.1 Relief from liability: Neither Transporter nor Shipper

shall be liable in damages to the other for any act,

omission or circumstances occasioned by or in conse-

quence of any acts of God, strikes, lockouts, acts of

the public enemy, wars, blockades, insurrections, riots,

epidemics, landslides, lightning, earthquakes, fires,

storms, floods, washouts, arrest and restraints of rul-

ers and peoples, civil disturbances, explosions, break-

age or accident to machinery or lines of pipe, line

freeze-ups, temporary failure of gas supply, the binding

order of any court or governmental authority which has

been resisted in good faith by all reasonable legal

means, and any other case, whether of the kind herein

enumerated, or otherwise, and whether caused or occa-

sioned by or happening on account of the act or omission

of one of the parties to the gas sales, or transporta-

tion contract between Transporter and Shipper or some

person or concern not a party thereto, not within the

control of the party claiming suspension and which by

the exercise of due diligence such party is unable to

prevent or overcome. A failure to settle or prevent any

strike or other controversy with employees or with any-

one purporting or seeking to represent employees shall

not be considered to be a matter within the control of

the party claiming suspension.

 

9.2 Liabilities not relieved: Such causes or contingencies

affecting the performance of said contract 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 which all

reasonable dispatch, nor shall such causes or contingen-

cies 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.