ANR Storage Company

Original Volume No. 1

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Effective Date: 06/01/1997, Docket: RP97-172-002, Status: Effective

First Revised Sheet No. 144 First Revised Sheet No. 144 : Effective

Superseding: Original Sheet No. 144

GENERAL TERMS AND CONDITIONS

(Continued)

 

 

8.3 Adjustment of Invoicing Errors. Subject to the provisions of

Section 6 of these General Terms and Conditions, if it shall

be found that at any time or times Customer has been

overcharged or undercharged and Customer shall have actually

paid the invoice containing such charges, then within thirty

(30) Days after the final determination thereof, either Seller

shall refund the amount of any such overcharge or Customer

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

error is discovered in the amount invoiced in any invoice

rendered by Seller, 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 six

(6) Months from the date of such invoice. The party receiving

such request for adjustment shall have three (3) Months to

rebut such claim otherwise the invoice shall be adjusted as

requested. The preceding time limits do not apply to

deliberate omission or misrepresentation or mutual mistake of

fact or government required rate changes. The parties'

statutory or contractual rights shall not otherwise be

diminished by this Section. 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.

 

9. FORCE MAJEURE

 

9.1 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

tornadoes or tornado warnings), crevasses, floods, washouts;

arrests and restraints of the government, either Federal or

State, civil or military, civil disturbances. Relative to

Seller's service and solely to the operation of its system,

force majeure shall also mean shutdowns for purposes of

necessary repairs, relocation, or construction of facilities;