Many Islands Pipe Lines (Canada) Limited MIPL(C)L
General Terms and Conditions
event as an event of Force Majeure to pay any amount which a prudent and financially sound entity in similar circumstances would reasonably be expected to pay to avoid or discontinue such event; (d) unless immediately after the happening of the occurrence relied upon or as soon as possible after determining that the occurrence was in the nature of Force Majeure and would affect the claiming Person's ability to observe or perform any of its covenants or obligations under this Tariff, the Person claiming Force Majeure shall have given to the other Person notice, in accordance with the provisions of Paragraph 12.4, to the effect that such Person is unable by reason of Force Majeure (the nature whereof shall be therein specified) to perform the particular covenants or obligations; (e) unless the Person claiming Force Majeure immediately commences and diligently pursues the taking of all such steps as may be reasonable in the circumstances to cause the discontinuance of and to minimize the effect of, the event of Force Majeure, provided that neither Person shall be required by the provisions hereof to settle any strike, lockout or other labour dispute on terms which it would not otherwise be willing to agree to; and (f) notify the other Person forthwith upon the occurrence of any significant development in the process of attempting to discontinue and minimize the effect of the event of Force Majeure. 12.4 Where by reason of Force Majeure either Person is wholly or partially prevented from carrying out any of its obligations under the Tariff, including these General Terms and Conditions, the Tariff Rates and Charges Schedules and MIPL(C)L Service Agreements, the Person affected shall immediately give written notice in accordance with the Tariff notice provisions indicating:
(1)
that a circumstance of Force Majeure exists;
(2)
the nature of the said Force Majeure.
(3) the extent to which the said Force Majeure affects the claiming Person's performance of any of its obligations under this Agreement. (4) the estimated probable duration of said Force Majeure. 12.5 In the event that notice of Force Majeure is given in accordance with Paragraph 12.4, and the Person receiving such notice agrees to the existence of and extent to which such obligations of the claiming Person are affected by said Force Majeure, the obligations of the Person affected shall be suspended to the extent and for the period of the time that the performance of same is prevented by said Force Majeure, and
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June 1, 2016
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