National Fuel Gas Supply Corporation

Third Revised Volume No. 1

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Effective Date: 04/01/1997, Docket: RP97-201-000, Status: Effective

First Revised Sheet No. 144 First Revised Sheet No. 144 : Superseded

Superseding: Original Sheet No. 144

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, block-ades, insurrections riots, epidemics,

landslides, lightning, earthquakes, fires, storms, floods,

washouts, arrests and re-straints 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 contingen-

cies 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 in default shall cause a