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.