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;