TransGas Comprehensive Tariff
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; (l) 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 TransGas or Customer, and any event or occurrence affecting any such third Person of the character herein defined as constituting force majeure; and (m) 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. 13.3 Non-Force Majeure Events Neither Person shall be entitled to the benefit of the provisions of Clause 13.2 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 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 Clause 13.4, 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
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Business Practices Overview 1.2 General Terms and Conditions
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