T.W. Phillips Pipeline Corp.
Original Volume No. 1
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Effective Date: 01/01/2010, Docket: RP10-141-000, Status: Effective
Original Sheet No. 79 Original Sheet No. 79
GENERAL TERMS AND CONDITIONS
27.4. Force Majeure Defined/Relief From Liability – Neither Transporter nor Shipper
shall be liable in damages to the other for any act, omission or circumstances
occasioned by in consequence of any event constituting Force Majeure. The term
Force Majeure shall mean acts of God, strikes, lockouts, acts of the public enemy,
wars, blockades, insurrections, riots, epidemics, landslides, lightning, earth-
quakes, fires, storms, floods, washouts, arrests and restraints of rulers and
peoples, civil disturbances, explosions, breakage or accident to machinery or
lines of pipe, line freeze-ups, the binding order of any court or governmental
authority which has been resisted in good faith by all reasonable legal means,
and any other cause, whether of the kind herein enumerated, or otherwise, and
whether caused or occasioned by or happening on account of the act or omission of
one of the parties to the contract between Transporter and Shipper or some person
or concern not a party thereto, which is not within the control of the party
claiming excuse and which by the exercise of due diligence such party is unable
to prevent or overcome. A failure to settle or prevent any strike or other con-
troversy with employees or with anyone purporting or seeking to represent
employees shall not be considered to be a matter within the control of the party
claiming excuse. Under no circumstances will lack of finances be construed to
constitute Force Majeure.
27.5. If, due to an event of Force Majeure, Transporter is unable to deliver any por-
tion of the Shipper’s firm MDQ for a period greater than ten (10) consecutive
days, then for the period beyond ten (10) days that Transporter so fails to
provide service, the applicable reservation charges shall not apply to the
quantity of Gas not delivered by Transporter within the Shipper’s firm MDQ.
However, the applicable reservation charges shall not be eliminated to the extent
that the Shipper utilizes secondary points on Transporter’s system.