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.