T.W. Phillips Pipeline Corp.

Original Volume No. 1

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Effective Date: 01/01/2010, Docket: RP10-141-000, Status: Effective

Original Sheet No. 79 Original Sheet No. 79





27.4. Force Majeure Defined/Relief From Liability – Neither Transporter nor Shipper

shall be liable in damages to the other for any act, omission or circumstances

occasioned by in consequence of any event constituting Force Majeure. The term

Force Majeure shall mean acts of God, strikes, lockouts, acts of the public enemy,

wars, blockades, insurrections, riots, epidemics, landslides, lightning, earth-

quakes, fires, storms, floods, washouts, arrests and restraints of rulers and

peoples, civil disturbances, explosions, breakage or accident to machinery or

lines of pipe, line freeze-ups, 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 of the kind herein enumerated, or otherwise, and

whether caused or occasioned by or happening on account of the act or omission of

one of the parties to the contract between Transporter and Shipper or some person

or concern not a party thereto, which is not within the control of the party

claiming excuse 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 con-

troversy 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 excuse. Under no circumstances will lack of finances be construed to

constitute Force Majeure.


27.5. If, due to an event of Force Majeure, Transporter is unable to deliver any por-

tion of the Shipper’s firm MDQ for a period greater than ten (10) consecutive

days, then for the period beyond ten (10) days that Transporter so fails to

provide service, the applicable reservation charges shall not apply to the

quantity of Gas not delivered by Transporter within the Shipper’s firm MDQ.

However, the applicable reservation charges shall not be eliminated to the extent

that the Shipper utilizes secondary points on Transporter’s system.