Hardy Storage Company, LLC

Original Volume No. 1

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Effective Date: 04/01/2007, Docket: CP05-150-003, Status: Effective

Original Sheet No. 123 Original Sheet No. 123 : Effective

 

GENERAL TERMS AND CONDITIONS (Cont'd)

 

15. FORCE MAJEURE

 

15.1 Defined. Neither Seller nor Customer shall be liable to the other for

any damages occurring because of force majeure. The term force majeure

means an event that creates an inability to serve that could not be

prevented or overcome by the due diligence of the party claiming force

majeure. Such events include, but are not defined by or limited to, acts of

God, strikes, lockouts, acts of a public enemy, acts of sabotage, wars,

blockades, insurrections, riots, epidemics, landslides, earthquakes, fires,

hurricanes, storms, tornadoes, floods, washouts, civil disturbances,

explosions, accidents, freezing of wells or pipelines, partial or entire

electronic failure (including the failure of the EBB and the EBB backup

plan, or the failure of SCADA or electronic measurement equipment),

mechanical or physical failure that affects the ability to transport gas or

operate storage facilities, or the binding order of any court, legislative

body, or governmental authority which has been resisted in good faith by all

reasonable legal means. Failure to prevent or settle any strike or strikes

shall not be considered to be a matter within the control of the party

claiming suspension.

 

15.2 In Operation. Such causes or contingencies affecting the performance

hereunder by either Seller or Customer, 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 to remove the cause

in an adequate manner and with all reasonable dispatch, nor shall such

causes or contingencies affecting such performance relieve either party from

meeting all payment obligations.