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Substitute First Revised Sheet No. 46 Substitute First Revised Sheet No. 46 : Superseded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