(d)
Fail to comply with any of the provisions of the Act.
11.2 Any Person who fails to comply with [11.1] is guilty of an offence. SaskEnergy takes a zero tolerance position and any of the actions described in [11.1] will be reported to the local police authority. 11.3 When it has been determined that a Customer has been deliberately diverting or stealing Gas, tampering with a meter, or deliberately misleading SaskEnergy employees with respect to matters including, but not limited to, billing, rates or pre-payments, SaskEnergy may recover the under-billed amount.
12.
FORCE MAJEURE
12.1 Except as otherwise provided for in this Schedule, if SaskEnergy or Customer fails to observe or perform any of the covenants or obligations herein imposed upon it and such failure shall have been occasioned by, or in connection with, or in consequence of Force Majeure, as hereinafter defined, such failure shall be deemed not to be a breach of such covenants or obligations. 12.2 For the purposes of this Schedule, the term "Force Majeure" shall mean any cause not reasonably within the control of a party, which by the exercise of due diligence, the party is unable to prevent or overcome, including but without limiting the generality of the foregoing: (a) Lightning, storms, earthquakes, landslides, floods, washouts and other acts of God; (b) Fires, explosions, ruptures, breakages or accidents to machines or lines of pipe; (c) Freezing of pipelines or wells, or hydrate obstructions of pipelines or appurtenances thereto, causing temporary failure of Gas supply; (d) Civil disturbances, terrorism, sabotage, acts of public enemies, wars, blockades, insurrections, vandalism, riots, or epidemics; (e) Arrests and restraints of governments and people; (f) Shortages of necessary labour due to strikes, lockouts or other industrial disturbances; (g) The order of any court, government body or regulatory body; (h) Inability to obtain or curtailment of supplies of Gas, electric power, water, fuel or other utilities or Services; (i) Inability to obtain or curtailment of supplies of any other materials or equipment; (j) Inability to obtain, or revocation, or amendment of any permit, license, certificate or authorization of any governmental or regulatory body, unless the revocation or amendment of such permit, license, certificate or authorization was caused by the violation of the terms thereof or consented to by the Person holding the same; (k) Any claim by any third Person that any covenant or obligation of such third Person is suspended by reason of Force Majeure, including without limiting the generality of the foregoing, any such claim by any transporter of Gas to, from or for SaskEnergy, its Subsidiary or Customer; and (l) Any other cause, whether herein enumerated or otherwise, not reasonably within the control of the party, which by the exercise of due diligence the party is unable to prevent or overcome, excluding, however, lack of funds or economic cause. 12.3 Notwithstanding anything to the contrary in this Article [12], expressed or implied, the parties agree that the settlement of strikes, lockouts and other industrial disturbances shall be entirely
SaskEnergy Terms and Conditions of Service Schedule
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