Midwest Gas Storage, Inc.

First Revised Volume No. 1

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Effective Date: 05/15/1994, Docket: CP90-454-004, Status: Effective

Original Sheet No. 524 Original Sheet No. 524 : Effective

 

 

satisfactory to Midwest or other assurance acceptable to

Midwest, guaranteeing payment to Midwest of the amount

ultimately found due upon such bill after a final

determination which may be reached either by agreement or

judgment of the courts, as may be the case, then Midwest

shall not be entitled to suspend further delivery of such

Gas unless and until default be made in the conditions of

such bond.

 

9.3 Adjustment of Billing Errors. Subject to the provisions of

paragraph 9.2 hereof, if it shall be found that at any time

or times Shipper has been overcharged or undercharged in

any form whatsoever under the provisions hereof and Shipper

shall have actually paid the bills containing such

overcharge or undercharge, then within thirty (30) Days

after the final determination thereof, either Midwest shall

refund the amount of any such overcharge or Shipper shall

pay the amount of any such undercharge. In the event an

error is discovered in the amount billed in any statement

rendered by Midwest, such error shall be adjusted within

thirty (30) Days of the determination thereof, provided

that claim therefor shall have been made within thirty (30)

Days from the date of discovery of such error, but in any

event within twelve (12) Months from the date of such

statement. If the Parties are unable to agree on the

adjustment of any claimed error, any resort by either of

the parties to legal proceedings shall be commenced within

fifteen (15) Months after the supposed cause of action is

alleged to have arisen, or shall thereafter be forever

barred.

 

10. FORCE MAJEURE

 

10.1 Definition. The term "force majeure" as used 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, storms (including but not limited to

hurricanes or hurricane warnings), crevasses, floods,

washouts; arrests and restraints of the government, either

Federal or State, civil or military, civil disturbances.

Relative to Midwest's service and solely to the operation

of its system, force majeure shall also mean shutdowns for

purposes of necessary repairs, relocation, or construction