Iroquois Gas Transmission System, L.P.

FIRST REVISED VOLUME NO. 1

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Effective Date: 09/01/1993, Docket: RS92- 17-004, Status: Effective

Original Sheet No. 85 Original Sheet No. 85 : Effective

 

provided in Section 21.2 the obligations of Transporter and

Shipper shall be excused during the period thereof to the

extent affected by such events of force majeure. The term

"force majeure" shall mean acts of God, strikes, lockouts,

acts of the public enemy, wars, blockades, insurrections,

riots, epidemics, landslides, lightning, earthquakes, fires,

storms, floods, washouts, arrests and restraints of rulers

and peoples, civil disturbances, explosions, breakage or

accident to machinery or lines of pipe, line freezeups, the

binding order of any court or governmental authority which

has been resisted in good faith by all reasonable legal

means, and any other cause, 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 Transportation Contract between

Transporter and Shipper or some person or concern not a party

thereto, which is not within the control of the party

claiming excuse 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 excuse. Under no circumstances

will lack of finances be construed to constitute force

majeure.

 

21.2 Liabilities Not Relieved. Such causes or

contingencies affecting the performance of said Gas

Transportation 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 with all reasonable dispatch, nor shall

such causes or contingencies affecting the performance of

said contract relieve either party from its obligations to

make payments of amounts then due thereunder or relieve

Shipper from its obligation to pay the applicable demand

charge thereunder, 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 to

the other party as soon as possible after the occurrence

relied on. Shipper's obligation to pay applicable demand

charges shall not be suspended by any failure of Transporter

to deliver gas to or on behalf of Shipper for any reason or

cause whatsoever, whether or not described in this