Southern LNG Inc.

Original Volume No. 1

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Effective Date: 12/01/2001, Docket: CP99-582-004, Status: Effective

Original Sheet No. 58 Original Sheet No. 58 : Effective

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

A party shall be excused for failure to carry out its obligations only to the extent that and

only for the period during which it is rendered unable to carry out such obligations by reason

of force majeure, provided, however, that such party shall:

 

(i) promptly notify the other party of the invocation of force majeure and the reasons

therefor;

 

(ii) thereafter provide interim reports of the force majeure event, reasons for continued

invocation of force majeure, and an estimate of the anticipated time of the force

majeure period;

 

(iii) use reasonable endeavors to overcome and minimize the effects of any such force

majeure and resume performance of obligations as soon as practicable after removal of

the force majeure;

 

(iv) not be excused by reason of force majeure from an obligation to indemnify or to make

any payments due;

 

(v) upon request in writing by the other party, give or procure access insofar as is

reasonably practicable to do so for a reasonable number of representatives of that

other party at that other party's sole risk and cost, to examine the scene of the

relevant event of circumstances of force majeure.

 

The term "operating condition" means the necessity to make scheduled repairs to or tests,

inspections, or modifications of, Southern LNG's facilities. Southern LNG will exercise

reasonable diligence to minimize disruptions of service to Customers.