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.