Steckman Ridge, LP
Original Volume No. 1
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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.