Northern Natural Gas Company

Fifth Revised Volume No. 1

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Effective Date: 11/01/1993, Docket: RS92- 8-004, Status: Effective

Original Sheet No. 217 Original Sheet No. 217 : Effective

 

 

 

 

 

GENERAL TERMS AND CONDITIONS

 

 

10. FORCE MAJEURE

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The term "Force Majeure" shall mean acts of God, strikes, lockouts,

or other industrial disturbances, acts of public enemy, wars,

blockades, insurrections, riots, epidemics, landslides, lightning,

earthquakes, fires, storms, storm warnings, floods, washouts, arrests

and restraints of governments and people, present and future valid

orders, decisions or rulings of any governmental authority having

jurisdiction, civil disturbances, explosions, breakage or accident to

machinery or lines of pipe, freezing of wells or lines of pipe and

any other cause, whether of the kind herein enumerated or otherwise,

not within the control of the party claiming suspension and which by

the exercise of due diligence such party is unable to prevent or

overcome. Force Majeure shall not include failure of gas supply

because of pricing considerations. It is understood and agreed that

the settlement of strikes or lockouts shall be entirely within the

discretion of the Party having the difficulty, and that the above

requirement that any inability to carry out obligations hereunder due

to Force Majeure shall be remedied with all reasonable dispatch shall

not require the settlement of strikes or lockouts by acceding to

the demands of the opposing party when such course is inadvisable in

the discretion of the party having the difficulty.

 

 

11. SUCCESSORS AND ASSIGNS

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Any company which shall succeed by purchase, merger or consolidation

to the properties, substantially as an entirety, of any party shall

be subject to the obligations of its predecessor in title under any

Service Agreement. No other assignment of a Service Agreement or any

of the rights or obligations thereunder shall be made unless there

first shall have been obtained the consent thereto of the non-

assigning party. Such consent shall not be unreasonably withheld.

Any party may assign its respective right, title and interest in and

to and under the Service Agreement to a trustee or trustees,

individual or corporate, as security for bonds or other