Carnegie Interstate Pipeline Company
Original Volume No. 1
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Effective Date: 01/01/1995, Docket: CP93-552-003, Status: Effective
Original Sheet No. 122 Original Sheet No. 122 : Effective
Superseding: Original Sheet No. 122
GENERAL TERMS AND CONDITIONS
(Continued)
20. FORCE MAJEURE
Neither Customer nor CIPCO shall be liable for any damage
or loss that may be occasioned by any interruption of
service caused by the specific events contained and
described within the following definition of "force
majeure."
In the event of any Customer or CIPCO being rendered
unable, wholly, or in part, by reason of an event of
"force majeure" to carry out its obligations under any
Service Agreement, other than to make payments for demand
charges in addition to other amounts due for deliveries of
gas, then the obligations of such Customer or CIPCO, so
far as they are affected by such event of "force majeure,"
shall be suspended during the continuance of any inability
so caused. However, the party claiming the existence of
"force majeure" shall use all reasonable efforts to remedy
any situation which may interfere with the performance of
its obligations hereunder.
The term "force majeure" as employed herein, and as
applied to either party hereto, shall mean acts of the
law, acts of God, strikes, lockouts, or other labor
disturbances, acts of the public enemy, war, blockages,
insurrections, riots, epidemics, fires, floods, washouts,
arrests and restraint of rulers and people, civil
disturbance, explosions, breakage, or accidents to
machinery or lines of pipe, freezing of well or lines of
pipe, partial or entire failure of wells, or any other
cause, whether of the kind herein enumerated, or
otherwise, not reasonably within the control of the party
claiming suspension. It is understood that settlement of
strikes, lockouts or labor disturbances shall be entirely
within the discretion of the party having the difficulty
and that the above requirement that any "force majeure"
shall be remedied with all reasonable dispatch, shall not
require the settlement of strikes, lockouts or labor
disturbances by acceding to the demands of an opposing
party when such course is inadvisable in the discretion or
judgment of the party having the difficulty. CIPCO shall
provide Customer with notice of an event of "force
majeure" at a time and in a manner that is reasonable
under then existing conditions, including but not limited
to telephone, telecopier, or electronic bulletin board,
and shall in any event confirm in writing the notice
given.