W T G Hugoton, LP

Original Volume No. 1

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Effective Date: 08/01/2007, Docket: CP06- 90-002, Status: Effective

Original Sheet No. 218 Original Sheet No. 218 : Effective

 

GENERAL TERMS AND CONDITIONS

 

10. FORCE MAJEURE

 

The term "Force Majeure" shall mean acts of God, strikes, lockouts, or

other industrial disturbances, acts of public enemy, wars, blockades,

insurrections, riots, epidemics, landslides, lightning, earthquakes, fires,

storms, storm warnings, floods, washouts, arrests and restraints of

governments and people, present and future valid orders, decisions or rulings

of any governmental authority having jurisdiction, civil disturbances,

explosions, breakage or accident to machinery or lines of pipe, freezing of

wells or lines of pipe and any other cause, whether of the kind herein

enumerated or otherwise, not within the control of the party claiming

suspension and which by the exercise of due diligence such party is unable to

prevent or overcome. Force Majeure shall not include failure of gas supply

because of pricing considerations. It is understood and agreed that the

settlement of strikes or lockouts shall be entirely within the discretion of

the Party having the difficulty, and that the above requirement that any

inability to carry out obligations hereunder due to Force Majeure shall be

remedied with all reasonable dispatch shall not require the settlement of

strikes or lockouts by acceding to the demands of the opposing party when such

course is inadvisable in the discretion of the party having the difficulty.

 

11. SUCCESSORS AND ASSIGNS

 

Any company which shall succeed by purchase, merger or consolidation to

the properties, substantially as an entirety, of any party shall be subject to

the obligations of its predecessor in title under any Service Agreement. No

other assignment of a Service Agreement or any of the rights or obligations

thereunder shall be made unless there first shall have been obtained the

consent thereto of the non- assigning party. Such consent shall not be

unreasonably withheld. Any party may assign its respective right, title and

interest in and to and under the Service Agreement to a trustee or trustees,

individual or corporate, as security for bonds or other obligations or

securities. Such assignment shall not obligate the assignee in any respect to

perform the obligation of the assignor under the Service Agreement.