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.