Horizon Pipeline Company, L.L.C.

Original Volume No. 1

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Effective Date: 04/18/2002, Docket: CP00-129-001, Status: Effective

Original Sheet No. 210 Original Sheet No. 210 : Effective

 

 

 

GENERAL TERMS AND CONDITIONS

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21. FORCE MAJEURE

 

21.1 EFFECT OF FORCE MAJEURE

 

In the event of either Horizon or Shipper being

rendered unable by Force Majeure (on its part or that of a

necessary third party) to carry out, wholly or in part, its

obligations under the provisions of an Agreement, it is agreed that

the obligations of the party affected by such Force Majeure, other

than the obligation to make payments thereunder, shall be suspended

during the continuance of any inability so caused but for no longer

period, and such cause shall, so far as possible, be remedied with

all reasonable dispatch.

 

21.2 DEFINITION OF FORCE MAJEURE

 

(a) The term "Force Majeure" as employed herein shall

mean acts and events not within the control of the party claiming

suspension and shall include acts of God, strikes, lockouts or

other industrial disturbances, inability to obtain pipe or other

material or equipment or labor, wars, riots, insurrections,

epidemics, landslides, lightning, earthquakes, fires, storms,

floods, washouts, arrests and restraint of rulers and people,

interruptions by government or court orders, present or future

orders of any regulatory body having proper jurisdiction, civil

disturbances, explosions, breakage or accident to machinery or

lines of pipe, freezing of wells or pipelines, and any other cause

whether of the kind herein enumerated or otherwise, not within the

control of the party claiming suspension and which, by the exercise

of due diligence, such party is unable to overcome.

 

(b) Nothing contained herein, however, shall be

construed to require either party to settle a strike against its

will. Such causes or contingencies affecting the performance 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 reasonable diligence to remedy the situation and remove the

cause in an adequate manner and with all reasonable dispatch, nor

shall such causes or contingencies relieve either party of

liability otherwise unless such party shall give notice and full

particulars of the same in writing or by electronic means to the

other party as soon as possible after the occurrence relied on.