Riverside Pipeline Company, L. P.

First Revised Volume No. 1

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Effective Date: 10/01/1993, Docket: RS92- 48-001, Status: Effective

Original Sheet No. 79 Original Sheet No. 79 : Effective

 

 

GENERAL TERMS AND CONDITIONS

 

 

9. FORCE MAJEURE (Cont'd)

 

9.2 The term "force majeure" as employed herein shall mean acts of

God, strikes, lockouts or other industrial disturbances, acts of

the public enemy, wars, blockades, insurrections, riots,

epidemics, landslides, fires, lightning, earthquakes, storms,

floods, washouts, arrests and restraints of governments and

people, civil disturbances, explosions, breakage or accidents to

machinery or lines of pipe, hydrate obstruction of lines or pipe,

freezing of wells or lines of pipe, and other causes whether or

the kind herein enumerated or otherwise, not within the control of

the party claiming suspensions and which by the exercise of due

diligence such party is unable to prevent or overcome; such term

shall likewise include (a) in those instances where either party

hereto is required to obtain servitudes, right-of-way grants or

licenses to enable such party to fulfill its obligations

hereunder, the inability of such party to acquire, or the delays

on the part of such party in acquiring at reasonable cost and

after the exercise of reasonable diligence, such servitudes

right-of-way grants, permits or licenses, and (b) in those

instances where either party hereto is required to furnish

materials and supplies for the purpose of construction or

maintaining facilities or its required to secure permits or

permissions from any governmental agency to enable such party to

fulfill its obligations hereunder, the inability of such party to

acquire, or the delays on the part of such party in acquiring, at

reasonable cost and after the exercise of reasonable diligence,

such materials and supplies, permits and permissions.

 

9.3 It is understood and agreed that the settlement of strikes,

lockouts, or other labor disturbances shall be entirely within the

discretion of the party having the difficulty, and that the above

requirements that are 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 the party having the

difficulty.