Trunkline LNG Company
Original Volume No. 1
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Effective Date: 12/01/1989, Docket: CP87-418-001, Status: Effective
Original Sheet No. 63 Original Sheet No. 63 : Effective
RATE SCHEDULE PLNG-2 (Continued)
ARTICLE IX
Force Majeure
9.1 "Force Majeure" means any event or condition, whether
affecting Pan National, TLC or any other person, which has
prevented or may reasonably be expected to prevent either party
hereto from performing any obligation hereunder, in whole or in
part, if such event or condition is beyond the reasonable or
prudent control, forecasting or planning, and not the result of
willful or negligent action or a lack of reasonable diligence,
of the party hereto (the "Non-Performing Party") relying
thereon as justification for not performing any such
obligation. The foregoing provisions shall not be construed to
require that the Non-Performing Party observe a higher standard
of conduct than that required by the usual and customary
standards of the industry, as a condition to claiming the
existence of Force Majeure. Such events or conditions shall
include but shall not be limited to circumstances of the
following kind:
(a) (i) an act of God or government, epidemic,
landslide, lightning, earthquake, fire, explosion,
accident, storm, flood or similar occurrence, an act of the
public enemy, war, blockade, insurrection, riot, civil
disturbance or similar occurrence, or (ii) a strike,
lockout, or similar industrial or labor action;
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