Empire Pipeline, Inc.

Original Volume No. 1

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Effective Date: 12/10/2008, Docket: CP06-5-010, Status: Effective

Original Sheet No. 231 Original Sheet No. 231








28.6 Force Majeure


(a) Definition. The term "force majeure" as used herein shall

mean acts of God, strikes, lockouts, or other industrial

disturbances; acts of the public enemy, wars, blockades,

insurrections, riots, epidemics, landslides, lightning,

earthquakes, fires, storms (including but not limited to

hurricanes or hurricane warnings), crevasses, floods,

washouts; arrests and restraints of the government, either

Federal or State, civil or military; and civil

disturbances. Relative to Transporter's service and solely

to the operation of its system, force majeure shall also

mean shutdowns for purposes of necessary unplanned,

emergency repairs, relocation, or construction of

facilities; breakage or accident to machinery or lines of

pipe; the necessity for testing (as required by

governmental authority or as deemed necessary by

Transporter for the safe operation thereof), the necessity

of making unplanned, emergency repairs or alterations to

machinery or lines of pipe; failure of surface equipment or

pipe lines; accidents, breakdowns, inability to obtain

necessary materials, supplies or permits, or labor to

perform or comply with any obligation or condition of this

Agreement, rights of way; and any other causes, whether of

the kind herein enumerated or otherwise which are not

reasonably in Transporter's control. It is understood and

agreed that the settlement of strikes or lockouts or

controversies with landowners involving rights of way shall

be entirely within Transporter's discretion and that the

above requirement that any force majeure shall be remedied

with all reasonable dispatch shall not require the

settlement of strikes or lockouts or controversies with

landowners involving rights of way by acceding to the

demands of the opposing party when such course is

inadvisable in the discretion of Transporter.


(b) Force Majeure. If by reason of force majeure either

party hereto is rendered unable, wholly or in part, to

carry out its obligations under this Agreement, it is

agreed that if such party gives notice in full particulars

of such force majeure in writing or by telecopy to the

other party within