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