TransGas Comprehensive Tariff
13.4 Notice of Force Majeure Where by reason of Force Majeure either Person is wholly or partially prevented from carrying out any of its obligations under the Tariff, 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 the TransGas Service Agreement; and (4) the estimated probable duration of said Force Majeure. 13.5 Obligations Under Force Majeure In the event that notice of Force Majeure is given in accordance with Clause 13.4, 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, such agreement not to be unreasonably withheld, 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 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, TransGas 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. 13.6 Notice of Termination of Force Majeure 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 TransGas deeming the end of the Force Majeure condition, and such decision shall be final and binding. 13.7 Strikes and Lockouts Notwithstanding anything to the contrary in this Article 13 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 14 hereof.
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Business Practices Overview 1.2 General Terms and Conditions
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