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