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Original Sheet No. 47 Original Sheet No. 47 : Superseded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