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