High Island Offshore System, L.L.C.
Third Revised Volume No. 1
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Effective Date: 04/07/1999, Docket: GT99- 17-000, Status: Effective
Original Sheet No. 113 Original Sheet No. 113 : Effective
GENERAL TERMS AND CONDITIONS
(Continued)
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 an opposing party
when such course is inadvisable in the discretion of the
party having the difficulty.
13.2 Force Majeure. If by reason of force majeure either the
Shipper or HIOS is rendered unable, wholly or in part, to
carry out its obligations under these General Terms and
Conditions or the Transportation Agreement except for an
obligation to pay money, and if such party gives notice and
reasonably full particulars of such force majeure in writing
or by telegraph to the other within a reasonable time after
the occurrence of the cause relied on, the party giving such
notice, so far as and to the extent that it is affected by
such force majeure, shall not be liable in damages during
the continuance of any inability so caused, provided such
cause shall so far as possible be remedied with all
reasonable dispatch.
13.3 Limitations. Force majeure affecting the performance
hereunder by either Shipper or HIOS however shall not
relieve such party of liability in the event of concurring
negligence or in the event of failure to use due diligence
to remedy the situation and to remove the cause in an
adequate manner and with all reasonable dispatch, nor shall
such causes or contingencies affecting such performance relieve
either party from its obligations to make payments as determined
hereunder. "Concurring negligence," as used herein, is defined
as negligence of a party that causes, contributes substantially
to the cause of, and/or significantly aggravates or prolongs
the effects of, a force majeure event that the party identifies
as affecting its performance and relieving it of liability for
damages.
14. CURTAILMENT
If, on any day, HIOS determines that the capacity of its system,
or any part thereof, is insufficient to serve all transportation
requirements scheduled for such day, or to accept the quantities
of gas tendered, capacity which requires curtailment shall be
curtailed so as to provide the service which is possible.