Midcoast Interstate Transmission, Inc.
Second Revised Volume No. 1
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Effective Date: 10/01/1997, Docket: GT97- 71-000, Status: Effective
First Revised Sheet No. 114 First Revised Sheet No. 114 : Effective
Superseding: ORIGINAL SHEET NO. 114
GENERAL TERMS AND CONDITIONS (continued)
11. FORCE MAJEURE AND REMEDIES
11.1 Relief from liability: Neither Transporter nor Shipper
shall be liable in damages to the other for any act,
omission, or circumstances occasioned by or in
consequence of any acts of God, strikes, lockouts, acts of
the public enemy, wars, blockades, insurrections, riots,
epidemics, landslides, lightning, earthquakes, fires,
storms, floods, washouts, arrests and restraints of
rulers and peoples, civil disturbances, explosions,
breakage or accidents to machinery or lines of pipe, line
freeze ups, temporary failure of firm gas supply, 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 caused or
occasioned by or happening on account of the act or
omission of one of the Parties to the executed Service
Contract between Transporter and Shipper or some person
or concern not a party thereto, 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.
A failure to settle or prevent any strike or other
controversy 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
suspension.
11.2 Liabilities not relieved: Such causes or contingencies
affecting the performance of said executed Service
Contract by either Party, however, shall not relieve it of
liability in the event of its concurring negligence or in
the event of its failure to use due diligence to remedy
the situation and remove the cause in an adequate manner
and with all reasonable dispatch, nor shall such cause or
contingencies affecting the performance of said Contract
relieve either Party from its obligations to make
payments of amounts then due thereunder, nor shall such
causes or contingencies relieve either Party of liability
unless such Party shall give notice and full particulars
of the same in writing or by electronic communication to
the other Party as soon as possible after the occurrence
relied on.
11.3 Termination of executed Service Contract: If either
Transporter or Shipper shall fail to perform any of the