Steckman Ridge, LP

Original Volume No. 1

 Contents / Previous / Next / Main Tariff Index

 

 

Effective Date: 04/01/2009, Docket: RP09-389-000, Status: Effective

Original Sheet No. 288 Original Sheet No. 288

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

29. FORCE MAJEURE

 

29.1 Nature of Force Majeure. The term "Force Majeure" shall mean any

cause whether of the kind enumerated herein or otherwise, not

reasonably within the control of Steckman Ridge, such as: acts of

God; strikes, lockouts and industrial disputes or disturbances;

inability to secure or delays in obtaining labor, materials,

supplies, permits, easements or rights-of-way, including inability

to secure materials by reason of allocations promulgated by

authorized governmental agencies; arrests and restraints of

governments and people; interruptions by government or court

orders; present and future valid orders, decisions or rulings of

any government or regulatory entity having proper jurisdiction;

acts of the public enemy; terrorist attacks; vandalism; wars;

riots; civil disturbances; blockades; insurrections; epidemics;

landslides; lightning; tornadoes; hurricanes; earthquakes; fires;

storms; floods; washouts; inclement weather which necessitates

extraordinary measures and expense to maintain operations;

explosions; breakage, accidents and/or maintenance to plant

facilities including machinery, lines of pipe, accidents and/or

unscheduled maintenance of wells or subsurface storage caverns or

reservoirs; testing (as required by governmental authority or as

deemed necessary by Steckman Ridge for the safe operation of the

facilities required to perform the services hereunder); and the

making of repairs or alterations to pipelines, storage, and plant

facilities including repairs to the facilities of the

interconnected pipeline(s). The settlement of strikes or lockouts

shall be entirely within the discretion of Steckman Ridge, and the

requirement that any Force Majeure shall be remedied with all

reasonable dispatch shall not require the settlement of strikes or

lockouts by acceding to the demands of opposing party when such

course is inadvisable in the discretion of Steckman Ridge.

 

29.2 Effect of Force Majeure. In the event Steckman Ridge is rendered

unable, wholly or in part, by reason of an event of Force Majeure,

as defined in Section 29.1 above, to perform, wholly or in part,

any obligation or commitment under Customer's Service Agreement,

Steckman Ridge shall provide notice and full particulars of such

Force Majeure event on its Internet Web site and/or in writing to

Customer within seventy-two (72) hours after the occurrence of the

cause relied on, or in such time and manner that is reasonable

under the existing Force Majeure conditions. Upon the provision

of such notice, the obligations of Steckman Ridge shall be

suspended to the extent that Steckman Ridge is affected by such

Force Majeure event and for the period of such Force Majeure

condition, but for no longer period, and such cause shall as far

as possible be remedied with all reasonable dispatch.