Distrigas Corporation

First Revised Volume No. 1

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Effective Date: 09/17/1992, Docket: RP92-221-000, Status: Effective

First Revised Sheet No. 10 First Revised Sheet No. 10 : Effective

Superseding: ORIGINAL SHEET NO. 10

earthquakes, fires, storms, floods, washouts,

arrests and restraints of governments and people,

civil disturbances, explosions, breakage or

accidents to machinery or lines of pipe, the

necessity for making repairs or alterations to

machinery or lines of pipe, planned or unplanned

outages at Seller's Terminal, or the inability of

Seller's system to deliver LNG, force majeure on a

third party transporter transporting gas for Seller

for delivery to Buyer, acts of civil or military

authority (including, but not limited to, courts or

administrative or regulatory agencies), loss or

lack of gas supply affecting Seller's ability to

perform in whole or in part, and any other cause,

whether of the kind enumerated herein or otherwise

not reasonably within the control of the party

claiming force majeure; such term shall likewise

include:

 

a. in those instances where either party is

required to obtain servitudes, rights of way

grants, permits or licenses to enable such

party to fulfill its obligations hereunder,

the inability of such party to acquire, or the

delays on the part of such party in acquiring,

rights of way grants, permits or licenses; and

 

b. in those instances where either party is

required to secure grants or permissions from

any governmental agency to enable such party

to fulfill its obligations hereunder, the

inability of such party to acquire, or the

delays on the part of such party in acquiring,

permits and permissions.

 

4.3 It is understood and agreed that the settlement of

strikes or lockouts shall be entirely within the

discretion of the party having the difficulty, and

that the above requirement that any force majeure

shall be remedied with all reasonable dispatch

shall not require the settlement of strikes or

lockouts by acceding to the