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.