U-T Offshore System, L.L.C.

Third Revised Volume No. 1

 Contents / Previous / Next / Main Tariff Index

 

 

Effective Date: 11/01/1993, Docket: RS92- 88-006, Status: Effective

Original Sheet No. 53 Original Sheet No. 53 : Superseded

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

 

12. FACILITIES

 

Unless otherwise agreed to by the parties, U-TOS shall not be required to own, construct and install

any facilities to perform any transportation service requested by Shipper including, but not limited

to, hot tap, side valve, measurement, gas supply lateral lines, looping and/or compression

facilities. Shipper shall reimburse U-TOS for all U-TOS' costs associated therewith either on a

lump sum or incremental fee basis as agreed to by the parties.

 

 

13. FORCE MAJEURE

 

13.1 Definition. The term "force majeure" as used herein shall mean: acts of God, strikes,

lockouts, or other industrial disturbances; acts of a public enemy; wars; blockades;

insurrections; riots; epidemics; landslides; lightning; earthquakes; fires; storms (including

but not limited to hurricanes or hurricane warnings); crevasses; floods; washouts; arrests and

restraints of the government, either federal or state, civil or military; civil disturbances;

shutdowns for purposes of necessary repairs, relocation, or construction of facilities;

breakage or accident to machinery or lines of pipe; the necessity for testing (as required by

governmental authority or as deemed necessary by the testing Party for the safe operation

thereof); the necessity of making repairs or alterations to machinery or lines of pipe;

failure of surface equipment or pipelines; accidents, breakdowns, inability of either Party

hereto to obtain necessary material, supplies, or permits, or labor to perform or comply with

any obligation or condition of this Rate Schedule or the Transportation Agreement; rights of

way; and any other causes, whether of the kind herein enumerated or otherwise, which are not

reasonably in the control of the Party claiming suspension. It is understood and agreed that

the settlement of strikes or lockouts shall be entirely within the discretion of the Party

having the difficulty and that the above requirement that any force majeure shall be remedied

with all reasonable dispatch shall not require the settlement of strikes or lockouts by

acceding to the demands of an opposing party when such course is inadvisable in the discretion

of the Party having the difficulty.

 

13.2 Force Majeure. If by reason of force majeure either the Shipper or U-TOS is rendered unable,

wholly or in part, to carry out its obligations under these General Terms and Conditions or

the Transportation Agreement except for an obligation to pay money, and if such Party gives

notice and reasonably full particulars of such force majeure in writing or by telegraph to the

other within a reasonable time after the occurrence of the cause relied on, the Party giving

such notice, so far as and to the extent that it is affected by such force majeure, shall not

be liable in damages during the continuance of any inability so caused, provided such cause

shall so far as possible be remedied with all reasonable dispatch.

 

13.3. Limitations. Force majeure affecting the performance hereunder by either Shipper or

U-TOS however shall not relieve such Party of liability in the event of concurring

negligence or in the event of failure to use due diligence to remedy the situation and to

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

causes or contingencies affecting such performance relieve either Party from its

obligations to make payments as determined hereunder. "Concurring negligence," as used

herein, is defined as negligence of a party that causes, contributes substantially to the

cause of, and/or significantly aggravates or prolongs the effects of, a force majeure

event that the party identifies as affecting its performance and relieving it of

liability for damages.