Black Marlin Pipeline Company
First Revised Volume No. 1
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Effective Date: 09/11/2000, Docket: RP00-457-000, Status: Effective
Second Revised Sheet No. 210 Second Revised Sheet No. 210 : Effective
Superseding: First Revised Sheet No. 210
GENERAL TERMS AND CONDITIONS
(continued)
6.6 Adjustment of Billing Error: In the event an error is discovered in
any bill rendered by Transporter, the amount of such error shall be
adjusted within thirty (30) days after discovery, provided that claim
therefore shall have been made within six (6) months from the date
such bill was rendered subject to an additional three (3) month
period for an affected party to challenge the error. Such processing
limitations shall not apply in the case of deliberate omission or
misrepresentation or mutual mistake of fact. Nothing herein shall be
construed to limit Shipper’s or Transporter’s other statutory or
contractual rights. To the extent an interconnecting party is
contractually or statutorily permitted to process adjustments beyond
the six (6) month period above, Transporter shall be permitted to
process such corresponding adjustments to Shippers.
7. NOTICE OF CHANGES IN OPERATING CONDITIONS
Transporter and Shipper shall notify each other from time to time as
necessary of expected changes in the rates of delivery or receipt of gas,
or in the pressures or other operating conditions, and the reason for such
expected changes, to the end that the other party may be prepared to meet
them when they occur.
8. FORCE MAJEURE
8.1 If either party shall fail to perform any obligation imposed upon it
by these General Terms and Conditions or by an executed Service
Agreement, and such failure shall be caused, or materially
contributed to, by: any acts of God; strikes; lockouts; or other
industrial disturbances; act of public enemies; sabotage; wars;
blockades; insurrections; riots; epidemics; landslides; lightening;
earthquakes; floods; storms; fires; washouts; arrests and restraints
of rulers and peoples; civil disturbances; explosions; breakage of
or accident to machinery or lines of pipe, materials or equipment;
the failure of any of Shipper’s gas suppliers to delivery gas, or
failure of Shipper to receive gas, in accordance with its
obligations if such failure