Enbridge Pipelines (AlaTenn) L. L. C.
FOURTH REVISED VOLUME NO. 1
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Effective Date: 10/11/2002, Docket: RP03- 40-000, Status: Effective
Original Sheet No. 160 Original Sheet No. 160 : Effective
GENERAL TERMS AND CONDITIONS (continued)
11. FORCE MAJEURE AND REMEDIES
11.1 Relief from liability: Neither Transporter nor Shipper shall be
liable in damages to the other for any act, omission, or
circumstances occasioned by or in consequence of any acts of God,
strikes, lockouts, acts of the public enemy, wars, blockades,
insurrections, riots, epidemics, landslides, lightning,
earthquakes, fires, storms, floods, washouts, arrests and
restraints of rulers and peoples, civil disturbances, explosions,
breakage or accidents to machinery or lines of pipe, line freeze
ups, temporary failure of firm gas supply, the binding order of
any court or governmental authority which has been resisted in
good faith by all reasonable legal means, and any other cause,
whether caused or occasioned by or happening on account of the act
or omission of one of the Parties to the executed Service Contract
between Transporter and Shipper or some person or concern not a
party thereto, 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. A failure to settle or prevent
any strike or other controversy with employees or with anyone
purporting or seeking to represent employees shall not be
considered to be a matter within the control of the Party claiming
suspension.
11.2 Liabilities not relieved: Such causes or contingencies affecting
the performance of said executed Service Contract by either Party,
however, shall not relieve it of liability in the event of its
concurring negligence or in the event of its failure to use due
diligence to remedy the situation and remove the cause in an
adequate manner and with all reasonable dispatch, nor shall such
cause or contingencies affecting the performance of said Contract
relieve either Party from its obligations to make payments of
amounts then due thereunder, nor shall such causes or
contingencies relieve either Party of liability unless such Party
shall give notice and full particulars of the same in writing or
by electronic communication to the other Party as soon as possible
after the occurrence relied on.
11.3 Termination of executed Service Contract: If either Transporter
or Shipper shall fail to perform any of the