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Original Sheet No. 51 Original Sheet No. 51 : Superseded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