11.
OFFENCES AND PENALTIES
11.1
No Person shall:
(a) Willfully or maliciously damage, destroy, pull down, deface, alter or remove or cause or knowingly permit the damaging, destroying, pulling down, defacing, altering or removing of any pipelines or other property of SaskEnergy or its Subsidiaries; (b) Willfully alter or impair any of SaskEnergy’s meters or meters of its Subsidiaries, or knowingly permit any of SaskEnergy’s meters or meters of its Subsidiaries to be altered or impaired, so that the meter indicates less Gas than the amount of Gas that actually passes through it; (c) By any improper or wrongful means increase the amount of Gas delivered by SaskEnergy or its Subsidiaries over the amount of that SaskEnergy has agreed or its Subsidiaries have agreed to provide; (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;
SaskEnergy Terms and Conditions of Service Schedule
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