Venice Gathering System, L. L. C.

Original Volume No. 1

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Effective Date: 01/01/1998, Docket: CP97-533-002, Status: Effective

Original Sheet No. 209 Original Sheet No. 209 : Effective

 

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

26.4 Liability

 

Neither party shall be liable to the other for any

consequential or financial losses or damages, regardless of

the nature thereof and howsoever occurring, whether such

losses or damages be direct or indirect, immediate or

remote, by reason of, caused by, arising out of, or in any

way attributable to the suspension of performance of any

obligation of either party when such suspension occurs

because a party is rendered unable, wholly or in part, by

force majeure to perform its obligations.

 

26.5 Nature of Force Majeure

 

The term "force majeure" as used herein shall mean,

cover and include the following:

 

a. Acts of God or Acts of Providence

including, without limitation, epidemics,

landslides, hurricanes, floods, washouts,

lightning, earthquakes, storm warnings,

perils of the sea, extreme heat or

extreme cold, any other adverse weather

conditions, and threats of any of the

foregoing, and whether preceded by,

concurrent with, or followed by acts or

omissions of any human agency, whether

foreseeable or not, which may directly or

indirectly contribute to or result in

either party's inability to perform its

obligations; provided, however, that

majeure provision in the event their

act(s) or omission(s) are found to be

contributory or grossly negligent, unduly

discriminatory, or the product of willful

misconduct, and provided further that this

limitation on relief only applies to the

extent that the act or omission exacerbates

a force majeure event, and not to the

extent that the consequences of the

underlying event would have occurred

regardless of the act or omission.