Garden Banks Gas Pipeline, LLC

Original Volume No. 1

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Effective Date: 04/16/1997, Docket: CP96-678-001, Status: Effective

Original Sheet No. 74 Original Sheet No. 74 : Effective





other party as soon as reasonably possible after the

occurrence of the cause relied on, the obligations of the

party giving such notice (other than the obligation to

make payments due, including the payment of any

applicable reservation charges), so far as they are

affected by such Force Majeure, shall be excused 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.


(b) The term "Force Majeure" shall mean any event or

condition whether affecting Transporter or Shipper or any

other person, which has prevented, hindered or delayed

either Transporter or Shipper from performing any

obligation hereunder in whole or in part, if such event

or condition is beyond the reasonable control of the

party claiming Force Majeure. Such events or condition

shall include, but not be limited to: acts of God;

strikes, lockouts or other industrial disturbances;

sabotage, acts of the public enemy, wars, blockade,

insurrections, riots or epidemics; landslides, lightning,

earthquakes, fires, hurricanes, storms, storm warnings,

floods or washouts; arrests and restraints of governments

and people or civil disturbances; explosions, breakage or

accident to plants, platforms, equipment , machinery or

lines of pipe; freezing of wells, or lines of pipe;

authorized abandonment of any lines of pipe immediately

connected to Transporter's; acts of government or the

necessity of complying with any governmental or judicial

rule or order; and any other causes of a similar nature,

whether of the kind herein enumerated or otherwise,

whether affecting Transporter or Shipper or upstream or

downstream transporters or gatherers, 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; 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, certificates,

authorizations, licenses, materials or supplies which are