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