Empire Pipeline, Inc.

Original Volume No. 1

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Effective Date: 12/10/2008, Docket: CP06-5-010, Status: Effective

Original Sheet No. 232 Original Sheet No. 232

 

GENERAL TERMS AND CONDITIONS

 

 

28. MISCELLANEOUS (Cont'd.)

 

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 for damages during the continuance of any

inability so caused, but for no longer period, and such

cause shall so far as possible be remedied with all

reasonable dispatch. Transporter shall not be liable for

damages to Shipper other than for acts of gross negligence

or willful misconduct, and only in circumstances in which

conditions of force majeure do not exist.

 

(c) Limitations. Such force majeure affecting the performance

hereunder by either Transporter or Shipper, however, shall

not relieve such party of liability 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 Shipper from its obligations to

make payments then due or becoming due under this

agreement.

 

 

28.7 Waiver

 

(a) Discretionary Waiver. Transporter may waive any of its

rights hereunder or any obligations of Shipper as to any

specific default that has already occurred, or case-by-case

in advance as to any specific, temporary operational

problem, on a basis that is not unduly discriminatory.

 

(b) Non-Waiver. Notwithstanding the foregoing, no waiver by

either Transporter or Shipper of any one or more defaults

by the other in performance of any of the provisions of an

effective service agreement shall operate or be construed

as a waiver of any other existing or future default or

defaults, whether of a like or of a different character.