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. 97 Original Sheet No. 97 : Effective

 

 

 

 

RATE SCHEDULE X-9

(Continued)

 

 

the right to file whatever pleadings and motions it deems desirable. Neither

party shall be obligated to accept.any authorization which contains, in the

opinion of the party receiving such authorization, unacceptable terms and

conditions.

 

 

ARTICLE IX

 

FORCE MAJEURE

 

 

1. If by reason of force majeure either party hereto is rendered

unable, wholly or in part, to carry out its obligations under this

agreement, and if such party gives notice and reasonably full particulars

of such force majeure in writing or by telegraph to the other within a

reasonable period of time after the occurrence of the cause relied on, the

party giving such notice, so far as and to the extent that it is affected

by such force majeure, shall not be liable in damages during the conti-

nuance of any inability so caused, provided such cause shall so for as

possible be remedied with all reasonable dispatch.

 

2. The term "force majeure" as used herein shall mean acts of God,

strikes, lockouts, or other industrial disturbances; acts of a public

enemy, wars, blockades, insurrections, riots, epidemics, landslides,

lightning, earthquakes, fires, storms, (including but not limited to

hurricanes or hurricane warnings), crevasses, floods, washouts; arrests and

restraints of the government, either federal or state, civil or military,

civil disturbances; shutdowns for purposes of necessary repairs,

relocation, or construction of facilities; breakage or accident to

machinery or lines of pipe; failure of surface equipment or pipelines;

accidents, breakdowns, inability of either party hereto to obtain necessary

material, supplies, or permits, or labor to perform or comply with any

obligation or condition of this agreement, rights of way; and any other

causes, whether of the kind herein enumerated or otherwise, which are not

reasonably in the control of the party claiming suspension. It is

understood and agreed that the settlement of strikes or lockouts 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 or lockouts

by acceding