Many Islands Pipe Lines (Canada) Limited MIPL(C)L
General Terms and Conditions
(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, curtailment of supplies, or disruption or failure of electric power, water, fuel, telecommunications, or other utilities or services;
(i) inability to obtain, curtailment of supplies, or disruption or failure of any other materials or equipment;
(j) inability to obtain or revocation or amendment of any permit, license, certificate or authorization or 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 Company or Customer; and (l) any other cause, whether herein enumerated or otherwise, not reasonably within the control of the Person claiming Force Majeure, excluding, however, lack of funds or economic cause and which by the exercise of due diligence such Person is unable to prevent or overcome.
12.3 Neither Person shall be entitled to the benefit of the provisions of Paragraph 12.2 hereof under any or all of the following circumstances:
(a) to the extent that the failure is due to a negligent act or omission, breach of contract, violation of law, violation of the terms of a regulatory approval or similar wrongful act or omission on the part of the Person seeking to claim such event as an event of Force Majeure; (b) to the extent that the failure was caused by the Person claiming Force Majeure having failed to remedy the condition, and to resume the performance of such covenants or obligations, with reasonable dispatch; (c) if the failure was caused by a lack of financial resources or available funds or similar financial predicament, or an event the occurrence or subsistence of which is due to the financial inability of the Person seeking to claim such
Page 17
June 1, 2016
Made with FlippingBook Ebook Creator