Centerpoint Energy Gas Transmission Company
Sixth Revised Volume No. 1
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Effective Date: 02/28/2003, Docket: RP03-239-000, Status: Effective
Original Sheet No. 441 Original Sheet No. 441 : Effective
GENERAL TERMS AND CONDITIONS
(continued)
8. FORCE MAJEURE:
8.1 Definition. The term "force majeure" as employed herein shall
mean acts of God, strikes, lockouts or other industrial
disturbances, acts of the public enemy, arrests, wars, blockades,
insurrections, riots and epidemics; landslides, lightning,
earthquakes, fires, hurricanes, storms, floods and washouts;
priority limitation or restraining orders of any governmental
authority and civil disturbances; explosions, breakage, accidents,
tests, maintenance, or repairs to machinery, equipment, lines of
pipe or other facilities; freezing of equipment, lines of pipe or
other facilities; inability to obtain, or unavoidable delay in
obtaining, material, equipment, rights-of-way or permits; and any
other causes, whether of the kind herein enumerated or otherwise,
not reasonably within the control of the party claiming
suspension.
8.2 Repair and Maintenance. Transporter shall have the right to
curtail, interrupt or discontinue service in whole or in part on
all or part of its system from time to time in order to perform
repair, maintenance, replacement or miscellaneous construction on
the system as necessary to maintain operational capability or
comply with applicable governmental regulations and shall not be
liable to Shippers therefor. Transporter shall exercise due
diligence to schedule such activities so as to minimize
interruptions or disruption of services and shall provide
reasonable advance notice of same.
8.3 Notice of Force Majeure. In the event of either party being
rendered unable wholly or in part by force majeure to carry out
its obligations, other than the obligation to make payment of
amounts due, it is agreed that on such party's giving notice and
full particulars of such force majeure in writing or by electronic
means to the other party within a reasonable time after the
occurrence of the cause relied on, the obligations of the party
giving such notice, so far as they are affected by such force
majeure, shall be suspended without liability in damages or
otherwise during the continuance of any inability so caused, but
for no longer period, and