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.