Enbriidge Pipelines (Midla) L. L. C.
Third Revised Volume No. 2
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Effective Date: 10/11/2002, Docket: RP03- 39-000, Status: Effective
Original Sheet No. 81 Original Sheet No. 81 : Effective
RATE SCHEDULE X-8
diligence such party is unable to prevent or overcome; such term shall
likewise include the inability of either party to acquire, or delays on the
part of such party in acquiring at reasonable cost and by the exercise of
reasonable diligence, servitudes, rights of way grants, permits,
permissions, licenses (which terms shall not, however, include certificates
issued by the Federal Power Commission), materials or supplies which are
required to enable such party to fulfill its obligations hereunder.
2. In the event a party hereto, without fault or negligence on its
part, being rendered unable, wholly or in part, by force majeure to carry
out its obligations under this Agreement, other than to make payments due
hereunder, it is agreed that, on such party giving notice and full
particulars of such event of force majeure in writing or by telephone
(followed by written confirmation) or by telegraph to the other party as
soon as possible after the occurrence of the cause relied on, the
obligations of the party giving such notice, so far as they are affected by
such force majeure, shall be suspended during the continuance of any
inability so caused but for no longer period; and such cause shall as far
as possible be remedied with all reasonable dispatch.
CONSTRUCTION OF FACILITIES AND
COMMENCEMENT OF EXCHANGES
Upon the issuance and acceptance of all requisite governmental
authorizations, each party will promptly perform such construction and
installation of facilities so as to have all necessary facilities available
to exchange or transport gas not later than one hundred twenty (120) days
from the date the last of such certificates is accepted.