Trunkline LNG Company, LLC
Second Revised Volume No. 1-A
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Effective Date: 08/01/2003, Docket: RP03-535-000, Status: Effective
Original Sheet No. 122 Original Sheet No. 122 : Effective
GENERAL TERMS AND CONDITIONS
(Continued)
18. FORCE MAJEURE
18.1 In the event, to the extent, and for so long as either
TLNG 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 TLNG 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 TLNG or Shipper claiming
suspension, and which by the exercise of due diligence,
either of TLNG 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 tanks,
machinery or lines of pipe; unplanned outages of TLNG's
terminal or the inability of TLNG's system to deliver LNG
or Regasified LNG; an event of force majeure affecting any
third party providing transportation service for LNG or
Regasified LNG and the inability of either TLNG or Shipper
to acquire, or the delays on the part of either of TLNG 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 TLNG or Shipper to fulfill its obligations hereunder.
18.2 Either TLNG 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 TLNG
or Shipper when such course is inadvisable in the
discretion of either of TLNG or Shipper.