Distrigas of Massachusetts Corporation

First Revised Volume No. 1

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

First Revised Sheet No. 47 First Revised Sheet No. 47 : Superseded

Superseding: Original Sheet No. 47

cause, whether of the kind enumerated herein or otherwise, not

reasonably within the control of the party claiming force

majeure; such term shall likewise include:

 

(a) in those instances where either party is required

to obtain servitudes, rights of way, grants, permits or licenses

to enable such party to fulfill its obligations hereunder, the

inability of such party to acquire, or the delays on the part of

such party in acquiring, rights of way, grants, permits or

licenses; and

 

(b) in those instances where either party is required

to secure grants or permissions from any governmental agency to

enable such party to fulfill its obligations hereunder, the

inability of such party to acquire, or the delays on the part of

such party in acquiring, permits and permissions.

 

8.3 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 the opposing party when such course

is inadvisable in the discretion of the party having the difficulty.

 

9. Waiver of Default

 

No waiver by either party of any one or more defaults

by the other in the performance of any provisions of any Service

Agreement governed by this Tariff shall operate or be construed

as a waiver of any future default or defaults, whether of a like

or of a different character.