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.