Williston Basin Interstate Pipeline Co.
Second Revised Volume No. 1
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Effective Date: 11/01/1993, Docket: RS92- 13-004, Status: Effective
Original Sheet No. 294 Original Sheet No. 294 : Effective
GENERAL TERMS AND CONDITIONS (Continued)
26. FORCE MAJEURE
Force majeure: In the event of either Party being rendered wholly or
in part by force majeure unable to carry out its obligations under
the Service Agreement, the obligations of the Parties hereto, insofar
as they are affected by such force majeure, shall be suspended during
the continuance of any inability so caused. Such causes or
contingencies affecting the performance of said Service Agreement 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
due diligence to remedy the situation and remove the cause in an
adequate manner and with all reasonable dispatch, nor shall such
causes or contingencies affecting the performance of said Service
Agreement 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
telephone to the other Party as soon as possible after the occurrence
relied on. If volumes of Shipper's gas are destroyed while in
Transporter's possession by an event of force majeure, the
obligations of the Parties under the Service Agreement shall
terminate with respect to the volumes lost.
The term "force majeure" as employed herein shall include, but shall
not be limited to, acts of God, strikes, lockouts or other industrial
disturbances, failure to perform by any third party, which
performance is necessary to the performance by either Transporter or
Shipper under the Service Agreement, acts of the public enemy or
terrorists, wars, blockades, insurrections, riots, epidemics,
landslides, lightning, earthquakes, fires, storms, floods, washouts,
arrest and restraint of rulers and peoples, civil disturbances,
explosions, breakage or accident to machinery or lines of pipe, line
freezeups, sudden partial or sudden entire failure of Transporter's
gas supply, failure to obtain materials and supplies due to
governmental regulations, and causes of like or similar kind, whether
herein enumerated or not, and not within the control of the Party
claiming suspension, and which by the exercise of due diligence such
Party is unable to overcome; provided that the exercise of due
diligence shall not require settlement of labor disputes against the
better judgment of the Party having the dispute.