Valero Interstate Transmission Company
First Revised Volume No. 2
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Effective Date: 11/01/1991, Docket: GT91- 42-000, Status: Effective
Original Sheet No. 37 Original Sheet No. 37 : Superseded
ARTICLE IX
TERM
1. This Agreement shall become effective upon the first day of the
month following the date when the Implementing Order(s) become final and
nonappealable and shall remain in effect for a term of thirty-six (36)
consecutive months.
2. The January 28, 1981 contract between Interstate and Buyer shall
terminate effective upon the effective date of this contract. Neither
Interstate nor Buyer shall have any further liability to the other under
the January 28, 1981 contract.
ARTICLE X
FORCE MAJEURE
1. The parties to this Agreement shall be excused from performance
hereunder because of any act, omission or circumstance occasioned by, or
in connection with or as a consequence of the following occurrences to the
parties hereto: any acts of God, strikes, lockouts, or other industrial
disturbances, acts of the public enemy, sabotage, wars, blockades,
insurrections, riots, epidemics, landslides, lightning, earthquakes,
floods, storms, fires, washouts, arrests and restraints of rulers and
peoples, civil disturbances, explosions, breakage or accident to machinery
or lines of pipe, hydrate obstructions in lines of pipe, well blowouts,
craterings, depletion of the gas reserves, partial or entire failure of
gas wells and the binding order of any court or governmental authority, or
any other cause, whether of the kind herein enumerated or otherwise, not
within the control of the party claiming suspension and which by the
exercise of due diligence such party is unable to prevent or overcome; but
provided, however, that the settlement of strikes or lockouts shall be
entirely within the discretion of the party having the difficulty, and
that the above requirements that any force majeure shall be remedied with
the exercise of diligence shall not require the settlement of strikes or
lockouts by acceding to the demands of the opposing parties when such
course is inadvisable in the discretion of the party having the difficulty.