Trunkline Gas Company, LLC
Third Revised Volume No. 1
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Effective Date: 08/01/2003, Docket: RP03-534-000, Status: Effective
Original Sheet No. 286 Original Sheet No. 286 : Effective
GENERAL TERMS AND CONDITIONS
(Continued)
19. FORCE MAJEURE
19.1 In the event, to the extent, and for so long as either Trunkline
or Shipper is unable, by reason of force majeure, to carry out its
obligations hereunder, in whole or in part, the obligations of
either of Trunkline or Shipper, other than to make payments, shall
be suspended, in whole or in part. Force majeure, as employed
herein, shall mean any cause, whether of the kind herein
enumerated or otherwise, not within the control of either of
Trunkline or Shipper claiming suspension, and which by the
exercise of due diligence, either of Trunkline or Shipper has been
unable to prevent or overcome, including without limitation acts
of God, the government, or a public enemy; strikes, lockouts, or
other industrial disturbances; wars, blockades, or civil
disturbances of any kind; epidemics, landslides, hurricanes,
washouts, tornadoes, storms, fires, explosions, arrests, and
restraints of governments or people; freezing of, breakage or
accident to, or the necessity for making repairs or alterations to
wells, machinery or lines of pipe; partial or entire failure of
wells; and the inability of either Trunkline or Shipper to
acquire, or the delays on the part of either of Trunkline or
Shipper in acquiring, at reasonable cost and after the exercise of
reasonable diligence: (a) any servitudes, rights of way grants,
permits, or licenses; (b) any materials or supplies for the
construction or maintenance of facilities; or (c) any permits or
permissions from any governmental agency; if such are required to
enable either of Trunkline or Shipper to fulfill its obligations
hereunder.
19.2 Either Trunkline or Shipper claiming force majeure shall give to
the other notice and full particulars of such force majeure by
telephone as soon as reasonably possible after the occurrence of
the case relied on, and shall remedy such inability to perform
with all reasonable dispatch; provided, however, that such
requirement or remedy shall not require the settlement of strikes
or lockouts by accession to the demands of those opposing either
of Trunkline or Shipper when such course is inadvisable in the
discretion of either of Trunkline or Shipper.