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