Kinder Morgan Louisiana Pipeline LLC

Original Volume No. 1

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Effective Date: 03/01/2009, Docket: RP09-257-000, Status: Effective

Original Sheet No. 231 Original Sheet No. 231

 

GENERAL TERMS AND CONDITIONS

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20. FORCE MAJEURE

 

20.1 EFFECT OF FORCE MAJEURE

 

In the event of either KMLP 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. 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, and explosions. 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.