Michigan Gas Storage Company

First Revised Volume No 1

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Effective Date: 11/01/1993, Docket: RS92- 7-001, Status: Effective

Original Sheet No. 51 Original Sheet No. 51 : Superseded

 

GENERAL TERMS AND CONDITIONS

(continued)

 

 

Shipper warrants for itself, its successors, and assigns, that the

Gas it warrants hereunder shall be free and clear of all liens,

encumbrances or claims, that it will indemnify and save

Transporter harmless from all suits, actions, debts, accounts,

damages, costs, losses, and expenses arising from or out of any

adverse claims of any and all persons to said Gas and/or to

royalties, taxes, license fees, or charges thereon which are

directly applicable to such delivery of Gas and that it will

indemnify and save Transporter harmless from all taxes or

assessments which may be directly levied and assessed upon such

delivery and which are by law payable and the obligation of the

party making such delivery.

 

9. FORCE MAJEURE

 

9.1 Force Majeure

If by reason of force majeure either party hereto is

rendered unable, wholly or in part,to carry out its

obligations under this Agreement, it is agreed that on

such party giving notice and full particulars of such

force majeure in writing or by telegraph to the other

party within a reasonable time after the occurrence of

the cause relied on, the party giving such notice, so far

as and to the extent that it is affected by such force

majeure, shall not be liable in damages 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.

 

9.2 Definition

 

The term "force majeure" as used herein shall mean acts

of God, strikes, lockouts, or other industrial

disturbances; acts of the public enemy, wars, blockades,

insurrections, riots, epidemics, landslides, lightning,

earthquakes, fires, storms (including but not limited to

hurricanes or hurricane warnings), crevasses, floods,

washouts; arrests and restraints of the government,

either Federal or State, civil or military, civil

disturbances; shutdowns for purposes of necessary

repairs, relocation, or construction of facilities;

breakage or accident to machinery or lines of pipe; the

necessity for testing (as required by governmental

authority or as deemed necessary by the testing party for

the safe operation thereof), the necessity of making

repairs or alterations to machinery or lines of pipe;

failure of surface equipment or pipelines; accidents,

breakdowns, inability of any party hereto to obtain

necessary materials, supplies or permits, or labor to

perform or comply with any obligation or condition of

this Agreement, rights of way; and any other causes,

whether of the kind herein enumerated or otherwise which

are not reasonably in control of the party claiming

suspension. It is understood and agreed that the

settlement of strikes or lockouts or controversies with

landowners involving rights of way shall be entirely

within the discretion of the party having the difficulty

and that the above requirement that any force majeure

shall be remedied with all reasonable dispatch