Sea Robin Pipeline Company

First Revised Volume No. 1

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Effective Date: 11/01/1993, Docket: RS92- 79-003, Status: Effective

Original Sheet No. 47 Original Sheet No. 47 : Superseded

 

 

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

9.2

 

9.2 DEFINITION OF FORCE MAJEURE - The term "force majeure" as

employed herein shall mean acts and events not within the control of the party claiming

suspension and shall include acts of God, strikes, lockouts or other industrial

disturbances, inability to obtain pipe or other material or equipment or labor, wars, riots,

insurrections, epidemics, landslides, lighting, earthquakes, fires, storms, floods, washouts,

arrests and restraint of rulers and people, interruptions by government or court orders,

present or future orders of any regulatory body having proper jurisdiction, civil

disturbances, explosions, breakage or accident to machinery or lines of pipe, and the

necessity of maintenance of or making repairs to machinery, facilities or lines of pipe

whether scheduled or unscheduled, freezing of wells or pipelines, and any other cause

whether of the kind herein enumerated or otherwise, not within the control of the party

claiming suspension and which, by the exercise of due diligence, such party is unable to

overcome. It is expressly agreed that in the event Transporter has arranged for third

party transportation in connection with the Agreement, and such third party transporter

asserts force majeure, such event of force majeure on the system of such third party shall

constitute force majeure for all purposes of the Agreement.

 

Nothing contained herein, however, shall be construed to require either party to

settle a strike against its will. Such causes or contingencies affecting the performance by

either party, however, shall not relieve it of liability in the event of its negligence or in

the event of its failure to use reasonable diligence to remedy the situation and remove

the cause in an adequate manner and with all reasonable dispatch, nor shall such causes

or contingencies relieve either party of liability otherwise unless such party shall give

notice and full particulars of the same in writing or by telephone or, in the case of

Transporter, on SoNet to the other party as soon as possible after the occurrence relied

on.

 

10. POSSESSION OF GAS, TITLE AND RESPONSIBILITY

 

10.1 Shipper warrants for itself, its successors and assigns, that it will at the time

of delivery to Transporter for transportation have good title to all gas so delivered free

and clear of all liens, encumbrances and claims whatsoever. As