Canyon Creek Compression Company

Third Revised Volume No. 1

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Effective Date: 12/01/1993, Docket: RS92- 57-003, Status: Effective

Original Sheet No. 179 Original Sheet No. 179 : Effective

 

GENERAL TERMS AND CONDITIONS

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22. FORCE MAJEURE

 

22.1 EFFECT OF FORCE MAJEURE

 

In the event of either Canyon or Shipper being rendered

unable by Force Majeure (on its part or that of a necessary third

party) to carry out, wholly or in part, its obligations under the

provisions of an Agreement, it is agreed that the obligations of the

party affected by such Force Majeure, other than the obligation to

make payments thereunder, shall be suspended during the continuance

of any inability so caused but for no longer period, and such cause

shall, so far as possible, be remedied with all reasonable dispatch.

 

22.2 DEFINITION OF FORCE MAJEURE

 

(a) The term "Force Majeure" as employed herein shall

mean acts and events not within the control of the party claiming

suspension and shall include acts of God, strikes, lockouts or other

industrial disturbances, inability to obtain pipe or other material

or equipment or labor, wars, riots, insurrections, epidemics,

landslides, lightning, earthquakes, fires, storms, floods, washouts,

arrests and restraint of rulers and people, interruptions by

government or court orders, present or future orders of any

regulatory body having proper jurisdiction, civil disturbances,

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

freezing of wells or pipelines, and any other cause whether of the

kind herein enumerated or otherwise, not within the control of the

party claiming suspension and which, by the exercise of due

diligence, such party is unable to overcome.

 

(b) Nothing contained herein, however, shall be

construed to require either party to settle a strike against its

will. Such causes or contingencies affecting the performance by

either party, however, shall not relieve it of liability in the

event of its concurring negligence or in the event of its failure to

use reasonable diligence to remedy the situation and remove the

cause in an adequate manner and with all reasonable dispatch, nor

shall such causes or contingencies relieve either party of liability

otherwise unless such party shall give notice and full particulars

of the same in writing or by electronic means to the other party as

soon as possible after the occurrence relied on.