Common use of Force Majeure and Limitation of Liability Clause in Contracts

Force Majeure and Limitation of Liability. ‌ 20.1 Neither the Company nor the Supplier will be liable for any act, omission, or circumstance occasioned by or in consequence of any event constituting Force Majeure, and unless it is otherwise expressly provided herein, the obligations of the Company and the Supplier then existing hereunder will be excused during the period thereof to the extent affected by such event of Force Majeure, provided that reasonable diligence is exercised to overcome such event. As used herein, Force Majeure will mean the inability of the Company or the Supplier to fulfill its contractual or regulatory obligations as a result of compliance by either party with an order, regulation, law, code or operating standard imposed by a governmental authority; by reason of any act of God or public enemy; by reason of storm, flood, fire, earthquake, explosion, civil disturbance, labor dispute, breakage or accident to machinery or pipeline (which breakage or accident is not the result of the Company's negligence or misconduct); by reason of any declaration of Force Majeure by upstream transporting pipelines; or by reason of any other cause, whether the kind enumerated herein or otherwise, not within the control of the party claiming Force Majeure and which by the exercise of reasonable diligence such party is unable to prevent or overcome. Notwithstanding the foregoing, the Customer’s and the Supplier’s obligation to make any payments required under the applicable tariff or by these Terms and Conditions will in no case be excused by an event of Force Majeure. Nor will a failure to settle or prevent any labor dispute or other controversy with employees or with anyone purporting or seeking to represent employees be considered to be a matter within the control of the party claiming excuse. The party claiming Force Majeure will, on request, provide the other party with a written explanation thereof, and of the remedy being undertaken.‌ 20.2 The Company shall be liable only for direct damages resulting from the Company's conduct of business when the Company, its employees or agents have acted in a negligent or intentionally wrongful manner. In no event shall the Company be liable to any party for any indirect, consequential, or special damages, whether arising in tort, contract or otherwise, by reason of any services performed, or undertaken to be performed, or actions taken by the Company, or its agents or employees, under the Schedule of Rates or in accordance with or required by law, including, without limitation, termination of the Customer's service.‌ 20.3 If the Company is unable to render firm Distribution Service to the Customer taking such service as contemplated by these Terms and Conditions as a result of Force Majeure, and such inability continues for a period of thirty (30) days, the Customer may provide written notice to the Company of its desire to terminate Distribution Service at the expiration of thirty (30) days from the Company’s receipt of such notice, but no sooner than sixty (60) days following the outset of the Force Majeure. If the Company has not restored

Force Majeure and Limitation of Liability. ‌ 20.1 8.1. Neither the Company nor the Supplier will party shall be liable for any actexpense, omission, loss or circumstance occasioned damage for failure or delay in fulfilling its obligations under this Agreement if such failure or delay is caused by or in consequence of any event constituting Force Majeure, and unless it is otherwise expressly provided herein, the obligations of the Company and the Supplier then existing hereunder will be excused during the period thereof to the extent affected by such event of Force Majeure, provided that reasonable diligence is exercised to overcome such event. As used herein, Force Majeure will mean the inability of the Company or the Supplier to fulfill its contractual or regulatory obligations as a result of compliance by either party with an order, regulation, law, code or operating standard imposed by a governmental authority; by reason of any act of God or public enemy; by reason of stormfire, flood, fireacts of God, earthquakestrikes, explosionriots, civil disturbancethefts, labor disputeaccidents, breakage transportation delays, acts or accident failure to machinery or pipeline (which breakage or accident is not the result act of the Company's negligence Government or misconduct); by reason of any declaration of Force Majeure by upstream transporting pipelines; or by reason of any other causecause whatsoever, whether similar or dissimilar to the kind enumerated herein or otherwiseabove, not within beyond the reasonable control of the party claiming Force Majeure and which by relief, but only to the extent that (i) such circumstances, despite the exercise of reasonable diligence diligence, cannot be or be caused to be prevented, avoided or removed by such party, and (ii) such occurrence or event or series of the same or different events materially adversely affects the ability of such party is unable to prevent or overcomeperform its obligations under this Agreement, and such party has taken all reasonable precautions, due care and reasonable alternative measures in order to avoid the effect of such event on such party’s ability to perform its obligations under this Agreement and to mitigate the consequences thereof. Notwithstanding the foregoing, the Customer’s and the Supplier’s obligation to make any payments required under the applicable tariff or by these Terms and Conditions will in no case be excused by an event of Force Majeure. Nor will a failure to settle or prevent any labor dispute or other controversy with employees or with anyone purporting or seeking to represent employees be considered A party claiming to be a matter within the control relieved of the party claiming excuse. The party claiming Force Majeure will, on request, provide its obligations under this section shall give prompt written notice to the other party with an estimate of when the obligations will be performed. Unless the parties otherwise agree, the time for performing the obligations will be extended for a written explanation thereofreasonable period of time, and that shall not be less than the length of the remedy being undertaken.‌delay. Both parties shall explore all reasonable alternatives to avoid or mitigate delays under this section and each party will bear its own costs associated with such delays. 20.2 The Company shall be liable only for direct damages resulting from the Company's conduct of business when the Company8.2. IN NO EVENT SHALL THE VENDOR BE LIABLE TO THE PURCHASER OR ANY THIRD PARTY FOR ANY INDIRECT, its employees or agents have acted in a negligent or intentionally wrongful manner. In no event shall the Company be liable to any party for any indirectPUNITIVE, consequentialSPECIAL, or special damagesINCIDENTAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT, whether arising in tortINCLUDING, contract or otherwiseBUT NOT LIMITED TO, by reason of any services performedLOSS OF PROFITS OR INTERRUPTION OF PRODUCTION, or undertaken to be performedLOSS OF OPPORTUNITY OR BUSINESS, or actions taken by the CompanyDELIVERY DELAYS OR CLAIMS BY THE PURCHASER’S CUSTOMERS FOR SUCH DAMAGES, or its agents or employeesWHETHER SUCH LIABILITY IS BASED ON CONTRACT, under the Schedule of Rates or in accordance with or required by lawINDEMNITY, includingTORT (INCLUDING NEGLIGENCE), without limitation, termination of the Customer's service.‌ 20.3 If the Company is unable to render firm Distribution Service to the Customer taking such service as contemplated by these Terms and Conditions as a result of Force Majeure, and such inability continues for a period of thirty (30) days, the Customer may provide written notice to the Company of its desire to terminate Distribution Service at the expiration of thirty (30) days from the Company’s receipt of such notice, but no sooner than sixty (60) days following the outset of the Force Majeure. If the Company has not restoredSTATUTE OR ANY OTHER BASIS OF LEGAL LABILITY.

Force Majeure and Limitation of Liability. ‌ 20.1 Neither the Company nor the Supplier will be liable for any act, omission, or circumstance occasioned by or in consequence of any event constituting Force Majeure, and unless it is otherwise expressly provided herein, the obligations of the Company and the Supplier then existing hereunder will be excused during the period thereof to the extent affected by such event of Force Majeure, provided that reasonable diligence is exercised to overcome such event. As used herein, Force Majeure will mean the inability of the Company or the Supplier to fulfill its contractual or regulatory obligations as a result of compliance by either party with an order, regulation, law, code or operating standard imposed by a governmental authority; by reason of any act of God or public enemy; by reason of storm, flood, fire, earthquake, explosion, civil disturbance, labor dispute, breakage or accident to machinery or pipeline (which breakage or accident is not the result of the Company's negligence or misconduct); by reason of any declaration of Force Majeure by upstream transporting pipelines; or by reason of any other cause, whether the kind enumerated herein or otherwise, not within the control of the party claiming Force Majeure and which by the exercise of reasonable diligence such party is unable to prevent or overcome. Notwithstanding the foregoing, the Customer’s and the Supplier’s obligation to make any payments required under the applicable tariff or by these Terms and Conditions will in no case be excused by an event of Force Majeure. Nor will a failure to settle or prevent any labor dispute or other controversy with employees or with anyone purporting or seeking to represent employees be considered to be a matter within the control of the party claiming excuse. The party claiming Force Majeure will, on request, provide the other party with a written explanation thereof, and of the remedy being undertaken.‌undertaken. 20.2 The Company shall be liable only for direct damages resulting from the Company's conduct of business when the Company, its employees or agents have acted in a negligent or intentionally wrongful manner. In no event shall the Company be liable to any party for any indirect, consequential, or special damages, whether arising in tort, contract or otherwise, by reason of any services performed, or undertaken to be performed, or actions taken by the Company, or its agents or employees, under the Schedule of Rates or in accordance with or required by law, including, without limitation, termination of the Customer's service.‌service. 20.3 If the Company is unable to render firm Distribution Service to the Customer taking such service as contemplated by these Terms and Conditions as a result of Force Majeure, and such inability continues for a period of thirty (30) days, the Customer may provide written notice to the Company of its desire to terminate Distribution Service at the expiration of thirty (30) days from the Company’s receipt of such notice, but no sooner than sixty (60) days following the outset of the Force Majeure. If the Company has not restored