Trunkline Gas Company

First Revised Volume No. 1

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Effective Date: 09/01/1993, Docket: RS92- 25-005, Status: Effective

Sub Original Sheet No. 215 Sub Original Sheet No. 215 : Effective

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

 

19. FORCE MAJEURE

 

19.1 In the event, to the extent, and for so long as either Trunkline

or Shipper is unable, by reason of force majeure, to carry out its

obligations hereunder, in whole or in part, the obligations of

either of Trunkline or Shipper, other than to make payments, shall

be suspended, in whole or in part. Force majeure, as employed

herein, shall mean any cause, whether of the kind herein

enumerated or otherwise, not within the control of either of

Trunkline or Shipper claiming suspension, and which by the

exercise of due diligence, either of Trunkline or Shipper has been

unable to prevent or overcome, including without limitation acts

of God, the government, or a public enemy; strikes, lockouts, or

other industrial disturbances; wars, blockades, or civil

disturbances of any kind; epidemics, landslides, hurricanes,

washouts, tornadoes, storms, fires, explosions, arrests, and

restraints of governments or people; freezing of, breakage or

accident to, or the necessity for making repairs or alterations to

wells, machinery or lines of pipe; partial or entire failure of

wells; and the inability of either Trunkline or Shipper to

acquire, or the delays on the part of either of Trunkline or

Shipper in acquiring, at reasonable cost and after the exercise of

reasonable diligence: (a) any servitudes, rights of way grants,

permits, or licenses; (b) any materials or supplies for the

construction or maintenance of facilities; or (c) any permits or

permissions from any governmental agency; if such are required to

enable either of Trunkline or Shipper to fulfill its obligations

hereunder.

 

19.2 Either Trunkline or Shipper claiming force majeure shall give to

the other notice and full particulars of such force majeure by

telephone as soon as reasonably possible after the occurrence of

the case relied on, and shall remedy such inability to perform

with all reasonable dispatch; provided, however, that such

requirement or remedy shall not require the settlement of strikes

or lockouts by accession to the demands of those opposing either

of Trunkline or Shipper when such course is inadvisable in the

discretion of either of Trunkline or Shipper.