Many Islands Pipe Lines (Canada) Limited MIPL(C)L
General Terms and Conditions
neither Person shall be liable to the other for any direct or indirect damages, losses, costs or expenses resulting from or consequent upon said Force Majeure or the giving of notice of Force Majeure. Notwithstanding the foregoing, in the case of a Force Majeure claim by the Customer, MIPL(C)L reserves the right to exercise its discretion in agreeing to the existence and extent of the Force Majeure claim. Such discretion will be exercised based upon the efforts of the Customer to prevent the Force Majeure, and to rectify the Force Majeure. 12.6 The Person claiming suspension shall likewise give notice forthwith after the Force Majeure condition shall have been remedied, to the effect that the same has been remedied and that such Person has resumed, or is then in a position to resume the performance of such covenants or obligations. Failure to provide prompt written notice of the end of the Force Majeure condition shall result in MIPL(C)L deeming the end of the Force Majeure condition, and such decision shall be final and binding. 12.7 Notwithstanding anything to the contrary in this Article 12 expressed or implied, the Persons agree that the settlement of strikes, lockouts and other industrial disturbances shall be entirely within the discretion of the Person involved therein and such Person 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 such Person of the benefits of Article 8 of the MIPL(C)L Service Agreement. 12.8 In the event that it is anticipated that the event of Force Majeure will be in effect for a period in excess of three (3) months, MIPL(C)L will, upon receipt of a request from Customer, meet with Customer for the purpose of reviewing the circumstances surrounding the event of Force Majeure. 12.9 For the purposes of this Article 12, notices required to be served shall be served on MIPL(C)L at the address listed for MIPL(C)L and for Customer at the addresses stipulated in the MIPL(C)L Service Agreement.
ARTICLE XIII - TERMINATION UPON DEFAULT
13.1 If either party should fail to perform any of the covenants or obligations imposed upon it under and by virtue of a MIPL(C)L Service Agreement (the "Defaulting Party"), then in any such event, the other party (the "Non-Defaulting Party") may at its option terminate the MIPL(C)L Service Agreement by proceeding as follows: (a) The Non-Defaulting Party shall cause a notice in writing to be given to the Defaulting Party advising as to the nature of any default and declaring it to be the intention of the Non-Defaulting Party to terminate the MIPL(CL Service Agreement.
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June 1, 2016
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