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Original Sheet No. 37 Original Sheet No. 37 : Superseded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.