National Fuel Gas Supply Corporation

Fourth Revised Volume No. 1

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Effective Date: 08/01/1997, Docket: RP97-398-000, Status: Effective

Original Sheet No. 347 Original Sheet No. 347 : Effective

 

GENERAL TERMS AND CONDITIONS

 

 

8. FORCE MAJEURE AND REMEDIES

 

8.1 Relief from Liability

 

No party shall be liable in damages to another for any act,

omission or circumstances occasioned by or in consequence of any

acts of God, strikes, lockouts, acts of the public enemy, wars,

blockades, insurrections riots, epidemics, landslides, lightning,

earthquakes, fires, storms, floods, washouts, arrests and

restraints of rulers and peoples, civil disturbances, explosions,

power outages, telecommunications failure, breakage or accident

to machinery or lines of pipe, line freeze-ups, temporary failure

of gas supply, the binding order of any court or governmental

authority and any other cause, whether of the kind herein

enumerated, or otherwise and whether caused or occasioned by or

happening on account of the act or omission of one of the parties

to the agreement or some person or concern not a party thereto,

not within the reasonable control of the party claiming

suspension and which by the exercise of due diligence such party

is unable to prevent or overcome. A failure to settle or prevent

any strike or other controversy with employees or with anyone

purporting or seeking to represent employees shall not be

considered to be a matter within the control of the party

claiming suspension.

 

8.2 Liabilities Not Relieved

 

Such causes or contingencies affecting the performance of any

agreement by either party, however, shall not relieve it of

liability in the event of its concurring negligence 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 the performance of said agreement relieve either party

from its obligations to make payments of amounts due thereunder,

nor shall such causes or contingencies relieve either party of

liability unless such party shall give notice and full

particulars of the same in writing or by telegraph to the other

party as soon as possible after the occurrence relied on.

 

8.3 Termination of Agreement

 

If either party shall fail to perform any of the covenants or

obligations imposed upon it by an agreement executed pursuant to

this Tariff, then in such event the other party may at its option

terminate said agreement by proceeding as follows: the party not