Gulfstream Natural Gas System, L.L.C.

Original Volume No. 1

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Effective Date: 05/21/2002, Docket: CP00- 6-004, Status: Effective

Original Sheet No. 157 Original Sheet No. 157 : Effective

 

 

 

GENERAL TERMS AND CONDITIONS

(CONTINUED)

 

 

16. FORCE MAJEURE

 

16.1 If either Transporter or Shipper fails to perform any

obligations under an Agreement due to an event of Force

Majeure, such failure shall be deemed not to be a breach of

such obligations and neither party shall be liable in

damages or otherwise as a result of an event of Force

Majeure. A party that fails to perform any obligations

under an Agreement where such failure is caused by an event

of Force Majeure shall promptly remedy the cause of the

Force Majeure insofar as it is reasonably able to do so.

 

16.2 Notwithstanding the above provisions, no event of Force

Majeure shall:

 

(a) relieve any party from any obligation or obligations

pursuant to an Agreement unless such party gives

notice with reasonable promptness of such event to

the other party;

 

(b) relieve any party from any obligation or obligations

pursuant to an Agreement after the expiration of a

reasonable period of time within which, by the use of

its due diligence, such party could have remedied or

overcome the consequences of such event of Force

Majeure; or

 

(c) relieve either party from its obligations to make

payments of amounts as provided in the applicable

Rate Schedule, subject to any credit provided for in

the applicable Rate Schedule.