Cimarron River Pipeline, LLC

Original Volume No. 1

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Effective Date: 09/01/2008, Docket: CP08-17-001, Status: Effective

Original Sheet No. 184 Original Sheet No. 184

 

GENERAL TERMS AND CONDITIONS

 

7.3 Force Majeure: (Continued)

 

(b) "Force Majeure" means any event or condition affecting

Transporter, Shipper, or any other person, that prevents, hinders, or delays

Transporter or Shipper from performing any obligation in whole or in part,

if the event or condition is not within the control of the party claiming

Force Majeure and which by the exercise of due diligence, the party is

unable to prevent or overcome. These events or conditions shall include,

but not be limited to: acts of God; strikes, lockouts or other industrial

disturbances; sabotage, acts of the public enemy, wars, blockade,

insurrections, riots or epidemics; landslides, lightning, earthquakes,

fires, hurricanes, storms, storm warnings, floods or washouts; arrests and

restraints of governments and people or civil disturbances; explosions,

breakage or accident to plants, equipment, machinery or lines of pipe;

freezing of wells or lines of pipe; unscheduled maintenance needs, acts of

government or the necessity of complying with any governmental or judicial

rule or order; and any other causes, whether of the kind herein enumerated

or otherwise affecting Transporter or Shipper or downstream transporters or

gatherers immediately connected to Transporter's facilities, not within the

control of the party claiming suspension and which by the exercise of due

diligence the party is unable to prevent or overcome. "Force Majeure" shall

also include the inability of either party to acquire, or delays in

acquiring at reasonable cost and by the exercise of reasonable diligence,

servitudes, rights-of-way grants, permits, permissions, certificates,

authorizations, licenses, materials, or supplies required to enable the

party to fulfill its obligations.

 

(c) The settlement of strikes or lockouts shall be entirely within

the discretion of the person affected, and the above requirement that any

Force Majeure shall be remedied with reasonable dispatch shall not require

the settlement of strikes or lockouts when that course is inadvisable in the

discretion of the person affected.

 

(d) If an incident of Force Majeure claimed by Transporter causes a

complete service interruption for a Shipper under an existing FT TSA,

Transporter will offer full reservation charge credits to the affected

Shippers for each Force Majeure service interruption to the extent it

exceeds a period of 10 Days.