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.