Centerpoint Energy - Mississippi River

Third Revised Volume No. 1

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Effective Date: 11/01/1993, Docket: RS92- 43-006, Status: Effective

Original Sheet No. 158 Original Sheet No. 158 : Effective

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

12. FORCE MAJEURE

 

12.1 Definition. The term "force majeure" as employed herein

shall mean acts of God, strikes, lockouts or other industrial

disturbances, acts of the public enemy, wars, blockades, insurrections,

riots, epidemics, landslides, lightning, earthquakes, fires, hurricanes,

storms, floods, washouts, arrests, priority limitation or restraining

orders of any kind of the government of the United States or a State or

of any civil or military authority, civil disturbances, explosions,

breakage, accidents, emergency tests, maintenance or repairs to

machinery or lines of pipe, freezing of wells or lines or pipe, partial

or entire failure of natural gas wells including storage wells,

inability to obtain or unavoidable delay in obtaining material and

equipment, interruption of service under any necessary transportation or

exchange agreement affecting service under the applicable Service

Agreement and any other causes, whether of the kind herein enumerated

or otherwise, not reasonably within the control of the party claiming

suspension.

 

12.2 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, it is agreed that on such party's giving notice and full

particulars of such force majeure in writing to the other party within a

reasonable time after the occurrence of the cause relied on, the

obligations of the party giving such notice, other than the obligation

to make payment, insofar as they are affected by such force majeure,

shall be suspended during the continuance of any inability so caused,

but for no longer period, and such cause shall insofar as possible be

remedied with all reasonable dispatch.

 

 

13. UNAUTHORIZED GAS

 

13.1 Any quantity of gas delivered to MRT's system which was not

scheduled under and which cannot be identified as being delivered

pursuant to a currently effective Service Agreement or Pool Agreement,

or which cannot be allocated to any Operational Balancing Agreement,

will be treated as unauthorized gas. MRT shall give notice in writing

to the appropriate Pool Operator or Point Operator of the unauthorized