Centerpoint Energy Gas Transmission Company

Sixth Revised Volume No. 1

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Effective Date: 05/01/2010, Docket: RP10-567-000, Status: Effective

First Revised Sheet No. 442 First Revised Sheet No. 442

Superseding: Original Sheet No. 442

 

GENERAL TERMS AND CONDITIONS

(continued)

 

8. FORCE MAJEURE (continued)

 

such cause shall so far as possible be remedied with all

reasonable dispatch; provided, however, Transporter shall not be

required to settle strikes, lock-outs or other such labor disputes

or disputes and controversies regarding rights-of-way, acquisition

thereof, or other matters, by acceding to the demands of adverse

parties if Transporter deems such course inadvisable.

 

9. LIABILITY:

 

Transporter shall not be liable in damages to Shipper for Transporter's

actions or inactions, including those taken in accordance with the

provisions of this Tariff, absent a showing that Transporter caused such

claimed damage by its sole or gross negligence, bad faith or willful

misconduct of Transporter; in such instance, Transporter's liability

shall extend to general damages only and shall not include special,

continuing, exemplary, presumptive, incidental, indirect or

consequential damages, including lost profits or other such elements of

damage. For purposes hereof, Transporter shall not be deemed to have

been negligent unless it is shown that Transporter's actions or failure

to act proximately caused such damages at a time when such result was

reasonably foreseeable or avoidable.

 

10. ASSIGNMENT AND CURTAILMENT OF CAPACITY:

 

10.1 General. It is recognized that Transporter may not have capacity

either systemwide, in a Pooling Area, or on a particular pipeline

or storage segment to provide all transportation and/or storage

services requested or that Transporter has scheduled. Therefore

the assignment and allocation procedures and priorities set forth

in this section may be applied on a systemwide or segment-by-

segment basis. Notwithstanding anything to the contrary contained

in this tariff, Transporter may reject any request for firm or

interruptible service or nomination for interruptible service, or

limit the term of the Service Agreement requested by Shipper, if

Transporter, in its reasonable judgment, determines that the

service requested or nominated would utilize a portion of

Transporter's system such that a capacity constraint would be

created that would likely prevent Transporter from utilizing other

portions of its system.