MIGC LLC

Second Revised Volume No. 1

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Effective Date: 06/13/2008, Docket: RP08-376-000, Status: Effective

Original Sheet No. 78 Original Sheet No. 78 TRANSPORTATION GENERAL TERMS AND CONDITIONS (Continued) 6. Adjustment of Errors - All claims of either MIGC or Shipper thatmeasurement is in error, for any reasons, as to the gas received and/ordelivered must be submitted in writing by such party to the other party withinsix (6) months from the date of the invoice in which the error is claimed tohave occurred, followed by a three (3) month rebuttal period, or else suchclaim shall be deemed to have been waived by the aggrieved party. This timelimitation will not apply in the case of deliberate omission or mutual mistakeof fact. Also, the parties' other statutory or contractual rights shall nototherwise be diminished by this provision. A meter adjustment or correctionbecomes a prior period adjustment after the fifth (5th) Business Day followingthe production month. Any measurement prior period adjustments are taken backto the production month. 7. Fees - Shipper shall reimburse MIGC within ten (10) days of invoicethereof for all filing and other fees which are due pursuant to the FERC'sRegulations and which are attributable to an executed Transportation ServiceAgreement.9. FORCE MAJEURE 1. Effect of Force Majeure - In the event of either MIGC or Shipperbeing rendered unable by force majeure to wholly or in part carry out itsobligations under the provisions of the executed Transportation ServiceAgreement, it is agreed that the obligations of the party affected by suchforce majeure, other than to make payments due, shall be suspended withoutliability for breach of contract during the continuance of any inability socaused and such cause shall, so far as possible, be remedied with allreasonable dispatch. A force majeure event affecting the performance byeither party shall not relieve it of liability in the event of its concurringnegligence, where such negligence was a cause of the force majeure event, orin the event of its failure to use reasonable diligence to remedy thesituation and remove the cause in an adequate manner and with all reasonabledispatch, nor shall such causes or contingencies relieve either party ofliability unless such party shall give notice and full particulars of thesame in writing to the other party as soon as possible after the occurrencerelied on. 2. Definition of Force Majeure - The term "force majeure" as employedherein shall mean acts of God, strikes, lockouts or other industrialdisturbances, failure of any third parties necessary to the performance byeither MIGC or Shipper under