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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