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