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First Revised Sheet No. 47 First Revised Sheet No. 47 : Superseded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