Texas Gas Pipe Line Corporation
Third Revised Volume No. 1
Contents / Previous / Next / Main Tariff Index
Effective Date: 06/01/1990, Docket: RP90-112-001, Status: Effective
Substitute Original Sheet No. 15 Substitute Original Sheet No. 15 : Effective
Superseding: Original Sheet No. 15
GENERAL AND CONDITIONS (Cont'd)
8. FORCE MAJEURE (Cont'd)
craterings, and the binding order of any court or governmental
authority which has been resisted in good faith by all reasonable
legal means, or 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, but provided, however,
that the settlement of strikes or lockouts shall be entirely within
the discretion of the party having the difficulty, and that the
above requirements that any force majeure shall be remedied
with the exercise of due diligence shall not require the settlement
of strikes or lockouts by acceding to the demands of opposing
parties when such course is inadvisable in the discretion of the
party having the difficulty.
Such causes or contingencies affecting the performance by
either Buyer or Seller, however, shall not relieve such party of
liability in the event of its concurring negligence or in the event
of its failure to use due diligence to remedy the situation and
remove the cause in an adequate manner and with all reasonable
dispatch, nor shall such causes or contingencies affecting the
performance relieve any party from its obligations to make payments
of amounts then due, nor shall such causes or contingencies relieve
any party of liability unless such party shall give notice and full
particulars of the same in writing or by telegraph to the other
party as soon as possible after the occurrence relied on, and like
notice shall be given upon termination of such force majeure
conditions.
9. GOVERNMENTAL AUTHORITY
This tariff and any agreement between Seller and Buyer shall
be subject to all valid applicable state, federal and local laws,
rules and regulations and all such laws, regulations and rules shall
be presumed by the parties to be valid unless and until a court of
competent jurisdiction shall hold otherwise with respect thereto.
10. ARBITRATION
Any controversy between Seller and Buyer arising under this
tariff or the agreement executed between the parties, and not
resolved by agreement or cognizable under the jurisdiction of the
Federal Energy Regulatory Commission, shall be determined by a board
of arbitration upon notice of submission given by either party to
the other, which notice shall name one arbitrator. Within 10
working days after the receipt of such notice the other party shall
name the second arbitrator, or failing to do so the party giving