Texas Gas Pipe Line Corporation

Third Revised Volume No. 1

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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