Maritimes & Northeast Pipeline, L.L.C.
First Revised Volume No. 1
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Effective Date: 01/17/2010, Docket: RP10-244-000, Status: Effective
First Revised Sheet No. 302 First Revised Sheet No. 302
Superseding: Original Sheet No. 302
GENERAL TERMS AND CONDITIONS
(continued)
26. FORCE MAJEURE
26.1 Relief from Liability.
Neither party shall be liable in damages to the other for
any act, omission or circumstance occasioned by or in
consequence of any acts of God, strikes, lockouts, acts of
the public enemy, wars, blockades, insurrections, riots,
epidemics, landslides, land subsidence, lightning,
earthquakes, fires, storms, floods, washouts, arrests and
restraints of rulers and people, civil disturbances,
explosions, breakage or accident to machinery or lines of
pipe, line freezeups, failure of third party
transportation, the binding order of any court or
governmental authority which has been resisted in good
faith by all reasonable legal means, and any other cause,
whether of the kind herein enumerated, or otherwise, not
within the control of the party claiming suspension and
which by the exercise of due diligence such party is
unable to prevent or overcome.
26.2 Liabilities not Relieved.
Such causes or contingencies affecting performance by
either party, however, shall not relieve it of liability
in the event of contributory negligence or misconduct 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 performance relieve either party
from its obligations to make payments of amounts as
provided in the applicable Rate Schedule. Customer's
obligation to pay applicable Reservation Charges shall not
be suspended, subject to Section 8.9(e) of the GT&C by any
failure of Pipeline to deliver gas to or on behalf of
Customer for any reason or cause whatsoever, whether or
not described in this Section 26, except in the event that
such failure is caused by the gross negligence, undue
discrimination or willful misconduct of Pipeline.