Distrigas of Massachusetts Corporation

First Revised Volume No. 1

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Effective Date: 12/17/1988, Docket: GT94- 26-000, Status: Effective

Substitute First Revised Sheet No. 46 Substitute First Revised Sheet No. 46 : Superseded

Superseding: First Revised Sheet No. 46

8. Force Majeure and Remedies

 

8.1 If either Seller or Buyer is rendered unable, wholly

or in part, by force majeure, to carry out its obligations

hereunder, and if the party so affected gives notice and

reasonably full particulars of such force majeure in writing or

by telex or telecopy to the other party within a reasonable time

after the force majeure event, then the party giving notice, as

long as, so far as and to the extent that its obligations are

affected by such force majeure, shall be exempt from its

obligation to the other to that extent. Notwithstanding the

foregoing, neither Buyer nor Seller shall be excused from

obligations existing at the date of such notice of force majeure,

including Buyer's obligation to pay sums owing, including sums

owing for LNG delivered prior to such notice of force majeure.

The cause of such inability shall insofar as possible be remedied

within a reasonable time and performance resumed.

 

8.2 The term "force majeure" as employed herein shall

mean acts of God, strikes, lockouts, or other industrial

disturbances, acts of the public enemy, wars, blockades,

insurrections, riots, epidemics, landslides, lightning,

earthquakes, fires, storms, floods, washouts, arrests and

restraints of governments and people, civil disturbances,

explosions, breakage or accidents to machinery or lines of pipe,

the necessity for making repairs or alterations to machinery or

lines of pipe, unplanned outages at Seller's Terminal, or the

inability of Seller's system to deliver LNG, force majeure on

or of any third party providing transportation service of gas or

LNG for Seller for delivery to Buyer, acts of civil or military

authority (including, but not limited to, courts or

administrative or regulatory agencies), loss or lack of gas

supply affecting Seller's ability to perform in whole or in

part, and any other