Wyoming Interstate Company, Ltd.

Second Revised Volume No. 2

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Effective Date: 04/12/2010, Docket: RP10-491-000, Status: Effective

Fifth Revised Sheet No. 78 Fifth Revised Sheet No. 78

Superseding: Fourth Revised Sheet No. 78

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

11. SYSTEM OPERATIONAL PARAMETERS (Continued)

 

11.2 Force Majeure (Continued)

 

(b) Force Majeure Defined. Without limitation by this recital,

force majeure shall include acts of God; acts of a public

enemy; fires; explosions; wars; earthquakes or volcanic

eruptions; storms; floods; extreme cold or freezing,

washouts, necessity for compliance with any court order,

law regulation or ordinance promulgated by any

governmental authority having jurisdiction, either

federal, state or local, civil or military; civil

disturbances; strikes, lockouts, or other industrial

disturbances; shutdowns for purposes of necessary repairs,

relocations, or construction of facilities; breakage or

accident to machinery or lines of pipe; the necessity for

testing (as required by governmental authority or as

deemed necessary by the testing Party for the safe

operation thereof); the necessity of making repairs or

alterations to machinery or lines of pipe; failure of

surface equipment or pipelines; inability of either Party

to obtain necessary material, supplies, permits, or labor

to perform or comply with any obligation or condition of

this Agreement; inability to obtain rights-of-way; and any

other causes, whether of the kind herein recited or not,

which are not reasonably in the control of the Party

claiming suspension. It is understood and agreed that the

settlement of strikes, lockouts, or other industrial

disturbances shall be entirely within the discretion of

the Party having the difficulty and that the requirement

pursuant to Section 11.2(a) that any force majeure shall

be remedied with all reasonable dispatch shall not require

the settlement of strikes, lockouts, or other industrial

disturbances by acceding to the demands of an opposing

Party involved in such strike, lockout, or other

industrial disturbance, when such course is inadvisable in

the discretion of the Party having the difficulty.