Gulf Crossing Pipeline Company LLC

Original Volume No. 1

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Effective Date: 12/20/2008, Docket: RP09-61-000, Status: Effective

Original Sheet No. 1303 Original Sheet No. 1303



Section 21




21.5 Force Majeure



(a) A force majeure event includes without limitation by this

recital: acts of God, including fires, explosions,

earthquakes or volcanic eruptions, storms, floods, washouts

and extreme cold or freezing weather; necessity for

compliance with any court order, law, regulation or

ordinance promulgated by any governmental authority having

jurisdiction, either federal, Indian, state or local, civil

or military; acts of a public enemy; wars and civil

disturbances; strikes, lockouts or other industrial

disturbances; breakage or accident to machinery or lines of

pipe; the necessity for testing (as required by governmental

authority or as deemed necessary for safe operation by the

testing party); inability to obtain necessary materials,

supplies, permits, or labor to perform or comply with any

obligation or condition of this Tariff; inability to obtain

rights of way; and any other causes that are not reasonably

in the control of the party claiming suspension.


(b) A force majeure event shall include shutdowns for purposes

of necessary repairs, unscheduled maintenance, relocations,

or construction of facilities associated with any of the

events described in this Section.


(c) If, because of a force majeure event, either Gulf Crossing

or Customer is rendered unable, wholly or in part, to

perform its obligations under a service agreement, and if

such party gives notice of such event within a reasonable

period of time and provides full particulars of the event

in writing or by electronic communication (other than

telephone), nonperformance of the party giving such notice

shall be excused during the continuance of such event and

to the extent its performance is affected by such event.

The party claiming force majeure shall use due diligence to

remedy its nonperformance with all reasonable dispatch,

including the making of provision for such alternate

performance as may be economical and practical.