ANR Pipeline Company

Second Revised Volume No. 1

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Effective Date: 11/01/2006, Docket: RP06-613-000, Status: Effective

First Revised Sheet No. 113 First Revised Sheet No. 113 : Effective

Superseding: Original Sheet No. 113

GENERAL TERMS AND CONDITIONS

(Continued)

 

 

7. FORCE MAJEURE

 

7.1 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.

Force Majeure shall also mean shutdowns for purposes of

necessary repairs, relocation, or construction of facilities;

failure of electronic data capability; breakage or accident to

machinery or lines of pipe; the necessity for testing (as

required by governmental authority or as deemed necessary by

Transporter for the safe operation thereof), the necessity of

making repairs or alterations to machinery or lines of pipe;

failure of surface equipment or pipe lines; accidents,

breakdowns, inability to obtain necessary materials, supplies

or permits, or labor to perform or comply with any obligation

or condition of service, rights of way; and any other causes,

whether of the kind herein enumerated or otherwise which are

not reasonably in Transporter's control. It is understood and

agreed that the settlement of strikes or lockouts or

controversies with landowners involving rights of way shall be

entirely within Transporter's discretion and that the above

requirement that any Force Majeure shall be remedied with all

reasonable dispatch shall not require the settlement of

strikes or lockouts or controversies with landowners involving

rights of way by acceding to the demands of the opposing party

when such course is inadvisable in the discretion of

Transporter.

 

7.2 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 Tariff, it is agreed that upon such

party giving notice in full particulars of such Force Majeure

in writing or by other electronic means 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.