Bluewater Gas Storage, LLC
Original Volume No. 1
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Effective Date: 12/01/2006, Docket: CP06-351-001, Status: Effective
Original Sheet No. 144 Original Sheet No. 144 : Effective
GENERAL TERMS AND CONDITIONS
14.5 Billing Disputes. If Customer withholds payment of any
disputed amount as authorized herein, Customer shall within ten (10)
days after the due date of the disputed invoice submit to BLUEWATER
a written explanation of the dispute and any available supporting
documentation. The parties shall then cooperate in good faith to
resolve such dispute as expeditiously as possible, and the portion,
if any, of such disputed amount eventually determined to be due
shall bear interest at the rate stated in Section 14.4 above from
the original due date until the date actually paid.
14.6 Right to Audit. Both BLUEWATER and Customer shall have
the right at their own expense to examine and audit at any
reasonable time the books, records (including measurement, billing
and payment) and charts of the other to the extent necessary to
verify the accuracy of any statements or charges made under or
pursuant to any of the provisions of Customer's Storage Service
Agreement. Upon request, Customer shall also make available to
BLUEWATER for audit purposes any relevant records of the
Transporters to which Customer has access. A formal audit of
accounts shall not be made more often than once each Contract Year.
Any inaccuracy will be promptly corrected when discovered; provided,
however, that neither BLUEWATER nor Customer shall be required to
maintain books, records or charts for a period of more than two (2)
Contract Years following the end of the Contract Year to which they
are applicable. Neither BLUEWATER nor Customer shall have any right
to question or contest any charge or credit if the matter is not
called to the attention of the other in writing within two (2) years
after the end of the Contract Year in question.
If at any time BLUEWATER is required to remit any taxes assessed
on the Gas pursuant to Customer's Storage Service Agreement, then
BLUEWATER shall have the right to collect from Customer such taxes,
including any penalties and interest. Customer agrees to reimburse
BLUEWATER for the taxes assessed on the Gas, including any penalties
and interest, within fifteen (15) days of the date of invoice from
BLUEWATER. Customer shall furnish BLUEWATER information,
satisfactory to BLUEWATER, to enable BLUEWATER to comply with any
reports required by state or federal government and agencies.
Customer recognizes that BLUEWATER may be required to file federal
and state tax returns, and Customer agrees to furnish BLUEWATER with
adequate information pertaining to the taxation on the Gas.
Customer shall coordinate such filings with BLUEWATER.
Customer shall be responsible for providing its own insurance
coverage with respect to Gas it tenders for storage and has stored
in the BLUEWATER storage facility located in Michigan.