Caledonia Gas And Storage

First Revised Volume No. 1

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Effective Date: 09/30/2010, Docket: RP10-1032-000, Status: Effective

Original Sheet No. 107 Original Sheet No. 107

 

16.3 Nature of Force Majeure. The term “Force Majeure” as employed

herein shall mean any cause whether of the kind enumerated herein or

otherwise, not reasonably within the control of Caledonia, such as acts

of God; strikes, lockouts and industrial disputes or disturbances;

inability to secure or delays in obtaining labor, materials, supplies,

permits, easements or rights-of-way, including inability to secure

materials by reason of allocations promulgated by authorized

governmental agencies; arrests and restraints of governments and

people; interruptions by government or court orders; present and

future valid orders, decisions or rulings of any government or

regulatory entity having proper jurisdiction; acts of the public

enemy; vandalism; wars; riots; civil disturbances; blockades;

insurrections; epidemics; landslides; lightning; tornadoes; hurricanes;

earthquakes; fires; storms; floods; washouts; inclement weather which

necessitates extraordinary measures and expense to maintain operations;

explosions; breakage, accidents and/or maintenance to plant facilities

including machinery, lines of pipe, accidents and/or unscheduled

maintenance of wells or subsurface storage caverns or reservoirs;

testing (as required by governmental authority or as deemed necessary

by Caledonia for the safe operation of the facilities required to

perform the services hereunder); and the making of repairs or

alterations to pipelines, storage, and plant facilities including

Transporter’s pipeline repairs. It is understood and agreed that the

settlement of strikes or lockouts shall be entirely within the

discretion of Caledonia, and that the above requirements that any

Force Majeure shall be remedied with all reasonable dispatch shall not

require the settlement of strikes or lockouts by acceding to the

demands of opposing party when such course is inadvisable in the

discretion of Caledonia.

17. NOTICES

17.1 Any notice, request, demand, or statement required hereunder must

be provided in writing and will be deemed to have been duly given (a)

when delivered by hand; (b) when sent by facsimile (with receipt

confirmed); (c) when received by the addressee, if sent by Express

Mail, Federal Express, or other express delivery service (receipt

requested); or (d) five Business Days after being mailed, by first-

class postage prepaid, registered or certified mail, return receipt

requested, in each case to the appropriate addresses and facsimile

numbers set forth below (or to such other addresses and/or facsimile

numbers as a Party may designate as to itself by 15 days’ prior

written notice to the other Party):