Iroquois Gas Transmission System, L.P.
FIRST REVISED VOLUME NO. 1
Contents / Previous / Next / Main Tariff Index
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