Viking Gas Transmission Company

Original Volume No. 1

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Effective Date: 11/01/1993, Docket: RS92- 52-001, Status: Effective

Original Sheet No. 60 Original Sheet No. 60 : Superseded

 

 

 

GENERAL TERMS AND CONDITIONS (Continued)

 

 

force majeure events, including any acts of God, strikes, lockouts or other industrial

disturbances, acts of the public enemy, wars, blockades, military action, insurrections,

riots, epidemics, landslides, lightning, earthquakes, fires, storms or storm warnings,

 

crevasses, floods, washouts, arrests and restraints of rulers and peoples, civil

disturbances, explosions, breakage or accident to machinery or lines of pipe, the

necessity for testing or making repairs or alterations to machinery or lines of pipe,

freezing of wells or lines of pipe, inability of either Shipper or Transporter to obtain

necessary materials, supplies or permits due to existing or future rules, regulations,

orders, laws or proclamations of the governmental authorities (federal, state and

local), including both civil and military, temporary failure of gas supply, the binding

order of any court or governmental authority which has been resisted in good faith by

all reasonable legal means, and any other cause, whether of the kind herein enumerated

or otherwise, and whether caused or occasioned by or happening on account of the act or

omission of one of the parties to the Transportation Agreement or some person or concern

not a party thereto, 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. A failure

to settle or prevent any strike or other controversy with employees or with anyone

purporting or seeking to represent employees shall not be considered to be a matter

within the control of the party claiming suspension. Transporter or Shipper shall

exercise reasonable diligence to (1) schedule maintenance so as to minimize or avoid

serve interruptions, and (ii) not schedule routine, non-emergency maintenance during

periods of peak demand.

 

2. Liabilities not relieved: Such causes or contingencies affecting the performance of the

Transportation Agreement by either party, as defined in Section 1, however, shall not

relieve it of liability in the event of its failure to use due diligence to remedy the

situation and remove the causes or contingencies affecting the performance of such

Agreement, nor shall such causes or contingencies affecting the performance of said

contract relieve either party from its obligations to make payments of amounts then due

thereunder, nor shall such causes or contingencies relieve either 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.

 

3. Termination of Transportation Agreement: If either Transporter or Shipper shall fail to

perform any of the covenants or obligations imposed upon it by the Transportation

Agreement, subject to the applicable provisions of this Tariff, then in such event the

other party may at its option terminate such Agreement by proceeding as follows: the

party not in default shall cause a written notice to be served on the party in default

stating specifically the cause for terminating the contract and declaring it to be the

intention of the party giving the notice to terminate the same; thereupon the party in

default shall have thirty days after the service of the aforesaid notice in which to

remedy or remove the cause or causes stated in the notice for terminating the

Transportation Agreement, and if within said period of thirty days the party in default