Granite State Gas Transmission, Inc.
Fourth Revised Volume No. 1
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Effective Date: 03/01/2010, Docket: RP10-322-000, Status: Effective
Original Sheet No. 77 Original Sheet No. 77
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 consequence 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 rulers and peoples, civil disturbances, explosions,
breakage 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 occasioned by or happening on account of the
act or omission of one of the parties to the gas sales, or
transportation 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 anyone 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 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.