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.