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