MidContinent Express Pipeline LLC

Original Volume No. 1

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Effective Date: 04/10/2009, Docket: RP09-136-000, Status: Effective

Original Sheet No. 243 Original Sheet No. 243

 

GENERAL TERMS AND CONDITIONS

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20. FORCE MAJEURE

 

20.1 EFFECT OF FORCE MAJEURE

 

In the event of either MEP or Shipper being rendered

unable by Force Majeure (on its part or that of a necessary third

party) to carry out, wholly or in part, its obligations under the

provisions of an Agreement, it is agreed that the obligations of the

party affected by such Force Majeure, shall be suspended during the

continuance of any inability so caused but for no longer period, and

such cause shall, so far as possible, be remedied with all

reasonable dispatch.

 

20.2 DEFINITION OF FORCE MAJEURE

 

(a) The term "Force Majeure" means any event or

condition or combination of events and/or conditions which prevents,

hinders, or delays the performance of any obligation subject hereto,

in whole or in part, which is not within the reasonable control of

the person claiming suspension by reason of Force Majeure, and which

the party claiming suspension is unable to prevent or overcome by

the exercise of due diligence. A situation of Force Majeure on the

Leased Capacity will constitute Force Majeure on the Leased

Capacity. It will also constitute Force Majeure on MEP generally to

the extent that it prevents, hinders or delays the performance of

MEP's obligations. For the purposes of the definition of "Force

Majeure," the exercise of due diligence shall mean acting in good

faith with the intention of performing contractual obligations, and

the exercise of a degree of skill, diligence, prudence, and

foresight that would reasonably and ordinarily be exercised by a

skilled and experienced person complying with applicable law and

engaged in the same type of undertaking under the same or similar

circumstances and conditions. Such events or conditions, provided

that the foregoing requirement are met, include, but are not limited

to acts of God, strikes, lockouts, acts of a public enemy, acts of

sabotage, wars, blockades, riots, insurrections, epidemics,

landslides, subsidence, earthquakes, fires, hurricanes, storms,

tornadoes, storm warnings, floods, washouts, accidents,

interruptions by government or court orders, present or future

orders of any regulatory body having proper jurisdiction, civil

disturbances, explosions and a Force Majeure event on the Leased

Capacity. Failure by the party claiming suspension to prevent or

settle any strike or strikes shall not be considered to be an event

or condition within the control of such party.