Mississippi Canyon Gas Pipeline, LLC

First Revised Volume No. 1

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Effective Date: 04/01/2009, Docket: RP09-366-001, Status: Effective

Substitute First Revised Sheet No. 85 Substitute First Revised Sheet No. 85

Superseding: Original Sheet No. 85

 

GENERAL TERMS AND CONDITIONS (cont'd)

 

 

7.3 Force Majeure - (a) (cont'd)

 

confirmation) or by facsimile transmission to the other

party as soon as reasonably possible after the occurrence of

the cause relied on, the obligations of the party giving

such notice (other than the obligation to make payments due,

including the payment of any applicable reservation

charges), so far as they are affected by such Force Majeure,

shall be excused during the continuance of any inability so

caused but for no longer period; and such cause shall as far

as possible be remedied with all reasonable dispatch.

 

(b) The term "Force Majeure" shall mean any event or condition

whether affecting Transporter or Shipper or any other

person, which has prevented, hindered or delayed either

Transporter or Shipper from performing any obligation

hereunder in whole or in part, if such event or condition is

beyond the reasonable control of the party claiming Force

Majeure. Such events or condition shall include, but not be

limited to: acts of God; strikes, lockouts or other

industrial disturbances; sabotage, acts of the public enemy

or terrorism, wars, blockade, insurrections, riots or

epidemics; landslides, lightning, earthquakes, fires,

hurricanes, storms, storm warnings, floods or washouts;

arrests and restraints of governments and people or civil

disturbances; explosions, breakage or accident to plants,

platforms, equipment, machinery or lines of pipe;

disruption of services provided by the Separation-

Stabilization Facility; freezing of wells, or lines of pipe;

authorized abandonment of any lines of pipe immediately

connected to Transporter's facilities or the Venice Gas

Plant; acts of government or the necessity of complying with

any governmental or judicial rule or order; and any other

causes of a similar nature, whether of the kind herein

enumerated or otherwise, whether affecting Transporter or

Shipper, the Venice Gas Plant or upstream or downstream

transporters or gatherers immediately connected to

Transporter's facilities or the Venice Gas Plant, not within

the control of the party claiming suspension and which by

the exercise