Stingray Pipeline Company, L. L. C.

Third Revised Volume No. 1

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Effective Date: 11/01/2008, Docket: RP08-436-000, Status: Effective

First Revised Sheet No. 187 First Revised Sheet No. 187

Superseding: Original Revised Sheet No. 187

 

GENERAL TERMS AND CONDITIONS

 

23. FORCE MAJEURE

 

In the event, to the extent, and for so long as either Stingray or

Shipper is unable, by reason of Force Majeure, to carry out its

obligations hereunder, in whole or in part, the obligations of

either of Stingray or Shipper, other than to make payments due,

shall be suspended, in whole or in part. "Force Majeure", as

employed herein, shall mean any cause, whether of the kind herein

enumerated or otherwise, not within the control of either of

Stingray or Shipper claiming suspension, and which by the exercise

of due diligence, either of Stingray or Shipper has been unable to

prevent or overcome, including without limitation acts of God, the

government, or a public enemy; strikes, lockouts, or other

industrial disturbances; wars, blockades, or civil disturbances of

any kind; epidemics, landslides, hurricanes, washouts, tornadoes,

storms, fires, explosions, arrests, and restraints of governments

or people; freezing of, breakage or accident to, or the necessity

for making repairs or alterations to wells, machinery or lines of

pipe; partial or entire failure of wells; and the inability of

either Stingray or Shipper to acquire, or the delays on the part

of either of Stingray or Shipper in acquiring, at reasonable cost

and after the exercise of reasonable diligence: (a) any

servitudes, rights of way grants, permits, or licenses; (b) any

materials or supplies for the construction or maintenance of

facilities; or (c) any permits or permissions from any

governmental agency; if such are required to enable either of

Stingray or Shipper to fulfill its obligations hereunder.

Additionally, Stingray or Shipper shall be excused in whole or in

part, from its performance, for inability to obtain transportation

from or through third party pipelines, or as a result of

supervening or fortuitous events or circumstance, whether or not

foreseeable, or within the contemplation of Stingray and Shipper

at the time that the transportation Agreement was entered into,

which make performance of Stingray's obligations hereunder

commercially impracticable. Either Stingray or Shipper claiming

Force Majeure shall give to the other(s) notice and full

particulars of such Force Majeure (x) in the case of Stingray, by

a posting on Stingray's Interactive Internet Website and by

sending an electronic mail to the affected Shippers and (y) in the

case of Shipper, by sending an electronic mail to Stingray, as

soon as reasonably possible after the occurrence of the case

relied on, and shall remedy such inability to perform with all

reasonable dispatch; provided, however, that such requirement or

remedy shall not require the settlement of strikes or lockouts by

accession to the demands of those opposing either of Stingray or

Shipper when such course is inadvisable in the discretion of

either of Stingray or Shipper.