Steuben Gas Storage Company

Original Volume No. 1

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Effective Date: 06/27/1996, Docket: CP96- 35-003, Status: Effective

Original Sheet No. 146 Original Sheet No. 146 : Effective

 

 

 

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

of wells, surface equipment or pipe lines, well or line freeze

ups; accidents, breakdowns, inability to obtain necessary

materials, or supplies or permits, or labor or land rights to

perform or comply with any obligation or condition of this

Agreement; and any other causes, whether of the kind herein

enumerated or otherwise which are not reasonably in Seller's

control. It is understood and agreed that the settlement of

strikes or lockouts or controversies with landowners involving

rights of way shall be entirely within Seller's discretion and

that the above requirement that any force majeure shall be

remedied with all reasonable dispatch shall not require the

settlement of strikes or lockouts or controversies with

landowners involving rights of way by acceding to the demands

of the opposing party when such course is inadvisable in the

discretion of Seller.

 

9.2 Force Majeure. If by reason of force majeure either party

hereto is rendered unable, wholly or in part, to carry out its

obligations under this Agreement, it is agreed that on such

party giving notice in full particulars of such force majeure

in writing to the other party within a reasonable time after

the occurrence of the cause relied on, the party giving such

notice, so far as and to the extent that it is affected by

such force majeure, shall not be liable in damages during the

continuance of any inability so caused, but for no longer

period, and such cause shall so far as possible be remedied

with all reasonable dispatch.

 

9.3 Limitations. Such force majeure affecting the performance

hereunder by either Seller or Customer, however, shall not

relieve such party of liability in the event of concurring

negligence or in the event of failure to use due diligence to

remedy the situation and to remove the cause in an adequate

manner and with all reasonable dispatch, nor shall such causes