Enbriidge Pipelines (Midla) L. L. C.

FIFTH REVISED VOLUME NO. 1

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Effective Date: 10/01/2009, Docket: RP09-980-000, Status: Effective

First Revised Sheet No. 146 First Revised Sheet No. 146

Superseding: Original Sheet No. 146

 

Pipeline, attention General Counsel, and shall contain a clear and

complete statement of the nature and basis of the complaint,

together with supporting documentation, if any. Within forty-

eight (48) hours of receipt of this information, the General

Counsel of Pipeline shall respond initially to the Customer or

Potential Customer, and within thirty (30) Days of receipt of this

information, the General Counsel shall provide a written response

to the Customer or Potential Customer.

 

 

13. FORCE MAJEURE

 

13.1 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, hurricanes or

threats of hurricanes, fires, storms, floods, washouts, arrests,

and restraints of the Government, either Federal or State,

including both civil and military, civil disturbances, explosions,

breakage or accident to machinery or lines of pipe, freezing of

wells or lines of pipe, partial or entire failure of Natural Gas

wells, curtailment on other pipelines, inability of any party

hereto to obtain necessary materials, supplies, or permits due to

existing or future rules, regulations, orders, laws or

proclamations of governmental authorities, both Federal and State,

including both civil and military, and any other causes, whether

of the kind herein enumerated or otherwise not reasonably within

the control of the party claiming suspension; provided, however,

that said term shall not mean or include any such cause within the

control of the party claiming suspension, nor any cause which by

the exercise of due diligence such party is able to overcome. The

settlement of strikes or lockouts, however, shall be entirely

within the discretion of the party having the difficulty, and the

requirement in Paragraph 13.2 hereof that any force majeure shall

be remedied with all reasonable dispatch shall not require the

settlement of strides or lockouts by acceding to the demands of

opposing party when such course is inadvisable in the discretion

of the party having the difficulty.