Honeoye Storage Corporation

Original Volume No. 1A

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Effective Date: 08/01/2000, Docket: CP00- 93-003, Status: Effective

Original Sheet No. 97 Original Sheet No. 97 : Effective

 

pipe; failure of wells, surface equipment or pipe lines, well or line freeze ups;

accidents, breakdowns, inability to obtain necessary materials, or supplies or

permits, or labor or land rights to perform or comply with any obligation or

condition of this Agreement; and any other causes, whether of the kind herein

enumerated or otherwise which are not reasonably in Seller's control. It is

understood and agreed that the settlement of strikes or lockouts or controversies

with landowners involving rights of way shall be entirely within Seller's

discretion 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 or controversies with landowners involving rights of way by acceding to

the demands of the opposing party when such course is inadvisable in the

discretion of Seller.

 

9.2 Force Majeure. If by reason of force majeure either party hereto is rendered

unable, wholly or in part, to carry out its obligations under this Agreement, it is

agreed that on such party giving notice in full particulars of such force majeure in

writing to the other party within a reasonable time after the occurrence of the

cause relied on, the party giving such notice, so far as and to the extent that it is

affected by such force majeure, shall not be liable in damages 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. Seller shall not

be liable in damages to Customer other than for acts of gross negligence or willful

misconduct and then only where force majeure does not apply.

 

9.3 Limitations. Such force majeure affecting the performance hereunder by either

Seller or Customer, however, shall not relieve such party of liability in the event

of concurring negligence or a failure to use due diligence to remedy the force

majeure situation and to remove the cause in an adequate manner and with all

reasonable dispatch, nor shall such causes or contingencies affecting such

performance relieve Customer, in whole or in part from its obligations to pay the

monthly charges provided for in Section 8 of these General Terms and

Conditions.

 

10. PRIORITY OF SERVICE REQUESTS AND SERVICE AGREEMENTS

 

10.1 Open Season.