Enbridge Pipelines (Midla) Inc.

Second Revised Volume No. 2

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Effective Date: 10/01/2001, Docket: GT01- 30-000, Status: Effective

Original Sheet No. 81 Original Sheet No. 81 : Effective

 

 

 

 

RATE SCHEDULE X-8

(Continued)

 

 

diligence such party is unable to prevent or overcome; such term shall

likewise include the inability of either party to acquire, or delays on the

part of such party in acquiring at reasonable cost and by the exercise of

reasonable diligence, servitudes, rights of way grants, permits,

permissions, licenses (which terms shall not, however, include certificates

issued by the Federal Power Commission), materials or supplies which are

required to enable such party to fulfill its obligations hereunder.

 

2. In the event a party hereto, without fault or negligence on its

part, being rendered unable, wholly or in part, by force majeure to carry

out its obligations under this Agreement, other than to make payments due

hereunder, it is agreed that, on such party giving notice and full

particulars of such event of force majeure in writing or by telephone

(followed by written confirmation) or by telegraph to the other party as

soon as possible after the occurrence of the cause relied on, the

obligations of the party giving such notice, so far as they are affected by

such force majeure, shall be suspended during the continuance of any

inability so caused but for no longer period; and such cause shall as far

as possible be remedied with all reasonable dispatch.

 

 

ARTICLE XIII

 

CONSTRUCTION OF FACILITIES AND

COMMENCEMENT OF EXCHANGES

 

 

Upon the issuance and acceptance of all requisite governmental

authorizations, each party will promptly perform such construction and

installation of facilities so as to have all necessary facilities available

to exchange or transport gas not later than one hundred twenty (120) days

from the date the last of such certificates is accepted.