Pine Needle LNG Company, LLC

Original Volume No. 1

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Effective Date: 01/01/2003, Docket: RP01-243-000, Status: Effective

First Revised Sheet No. 52 First Revised Sheet No. 52 : Effective

Superseding: Original Sheet No. 52

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

 

 

 

11. FORCE MAJEURE AND OPERATING CONDITIONS

 

11.1 Definition of Force Majeure and Operating Conditions

 

The term force majeure as employed herein shall mean acts of God, strikes, lockouts

or other industrial disturbances, acts of the public enemy or terrorists, wars,

blockades, insurrections, riots, epidemics, landslides, lightning, earthquakes,

fires, storms, floods, washouts, arrests, the order of any court or government

authority having jurisdiction while the same is in force and effect, civil

disturbances, explosions, breakage, accidents to machinery or lines of pipe, freezing

of or damage to receipt or delivery facilities, National Weather Service warnings or

advisories, whether official or unofficial, that result in the evacuation of

facilities, inability to obtain or unavoidable delay in obtaining material or

equipment, and any other cause whether of the kind herein enumerated or otherwise,

not reasonably within the control of the party claiming suspension and which by the

exercise of due diligence such party is unable to prevent or overcome.

 

The term operating conditions as employed herein shall mean the necessity to make

modifications, tests, or repairs to Pine Needle's facilities. Pine Needle shall

exercise reasonable diligence to schedule maintenance so as to minimize disruptions

of service to Customers and shall provide reasonable notice of the same. Operating

conditions shall not include routine maintenance during normal periods of peak

demand, where such maintenance was required due to Pine Needle's negligence, willful

actions or failure to act.

 

In the event of either party being rendered unable, wholly or in part, by force

majeure or operating conditions to carry out its obligations other than (i) the

obligation of Customer to pay daily demand charges to Pine Needle and (ii) the

obligation to make payment of amounts accrued and due at the time thereof, it is

agreed that on such party's giving notice and full particulars of such force majeure

in writing, facsimile, telephone or through electronic means to the other party

within a reasonable time after the occurrence of the cause relied on, the obligations

of both parties, so far as they are affected by such force majeure, 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.

 

Neither party shall be liable in damages to the other for any act, omission or

circumstance occasioned by, or in consequence of, force majeure or operating

conditions, as herein defined.