(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 within the sole discretion of SaskEnergy or its Subsidiary and SaskEnergy or its Subsidiary may make settlement thereof at such time and on such terms and conditions as it may deem to be advisable and no delay in making such settlement shall deprive SaskEnergy of the benefits stated herein.
13.
CONFIDENTIALITY AND RELEASE OF INFORMATION
13.1 Any Customer who accepts uses or receives a Service from SaskEnergy consents to the collection, use, retention, disclosure and release of Confidential Information or Personal Information in accordance with this Schedule. Amended – February 8, 2008 13.1.1 SaskEnergy agrees that SaskEnergy and any of its affiliates shall not, and shall ensure that each of their employees, sub-contractors, or agents used to perform the Services shall not, use or disclose any Confidential Information for any purpose, commercial or otherwise, other than the performance of the Services for and on behalf of the Customer, without the prior consent of the Customer (whether express or reasonably implied); provided however that SaskEnergy may disclose certain Confidential Information to those employees or sub-contractors participating in the performance of the Services relating to this Schedule, and who have a need to know such Confidential Information for purposes of such performance, and agree to be bound by provisions of confidentiality. New Provision – February 8, 2008 13.2 SaskEnergy values its Customer’s privacy. SaskEnergy shall endeavor to collect, use, retain, disclose and release Personal Information pertaining to a Customer only in accordance with its Privacy Policy, as amended or replaced from time to time. SaskEnergy’s current privacy policy is available at www.saskenergy.com or on request at any SaskEnergy office. Amended – February 8, 2008 13.3 Notwithstanding anything in [13.2], it is SaskEnergy’s practice to comply with the privacy legislation in the jurisdiction in which it operates. Sometimes the privacy legislation and/ or an individual’s right to privacy are different from one jurisdiction to another. SaskEnergy’s Privacy Policy applies only to those activities subject to the provisions of Saskatchewan’s provincial privacy laws or Canada’s federal privacy laws, where applicable. Amended – February 8, 2008
SaskEnergy Terms and Conditions of Service Schedule
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