Mojave Pipeline Company

Second Revised Volume No. 1

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Effective Date: 06/03/2010, Docket: RP10-706-000, Status: Effective

Second Revised Sheet No. 246 Second Revised Sheet No. 246

Superseding: First Revised Sheet No. 246

 

General Terms and Conditions

(Continued)

 

11. System Operational Parameters (Continued)

 

11.5 Force Majeure.

 

(a) If either party shall fail to perform any obligation imposed

upon it by these General Terms and Conditions or by an

executed Service Agreement, and such failure shall be

caused, or materially contributed to, by: any acts of God;

strikes; lockouts; or other industrial disturbances; act of

public enemies; sabotage; wars; blockades; insurrections;

riots; epidemics; landslides; lightning; earthquakes;

floods; storms; fires; washouts; arrests and restraints of

rulers and peoples; civil disturbances; explosions; breakage

of or accidents to machinery or lines of pipe, materials or

equipment; the failure of any of Shipper's gas suppliers to

deliver gas, or failure of Shipper to receive gas, in

accordance with its obligations if such failure is

occasioned by an event or occurrence of the character

described in this Section as constituting force majeure; any

legislative, administrative or judicial action which has

been resisted in good faith by all reasonable legal means;

any act or omission whether of the kind herein enumerated or

otherwise not within the control of the party invoking this

Section and which by the exercise of due diligence such

party could not have prevented, or shall be occasioned by

the necessity for making repairs to or reconditioning

machinery, equipment, or pipelines, not resulting from the

fault or negligence of such party; such failure shall be

deemed not to be a breach of the obligation of such party,

but such party shall use reasonable diligence to put itself

in a position to carry out its obligations. Nothing

contained herein shall be construed to require either party

to settle a strike or lockout by acceding against its

judgment to the demands of the opposing parties.

 

(b) No such cause affecting the performance of either party

shall continue to relieve such party from its obligation

after the expiration of a reasonable period of time within

which by the use of due diligence such party could have

remedied the situation preventing its performance, nor shall

any such cause relieve either party from any obligation

unless such party shall give notice thereof in writing to

the other party with reasonable promptness; and like notice

shall be given upon termination of such cause.