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.