Caprock Pipeline Company
First Revised Volume No. 1
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Effective Date: 06/01/1997, Docket: RP97-139-001, Status: Effective
First Revised Sheet No. 18 First Revised Sheet No. 18 : Effective
Superseding: Original Sheet No. 18
prime commercial lending rate per annum announced by CitiBank,
N.A. from time to time, provided that for any period that such
late charge would exceed any applicable maximum rate permitted by
law, the late charge shall equal said applicable maximum rate
permitted by law. The late charge provided for by this paragraph
shall be compounded monthly. If either principal or late charges
are due, any payments thereafter received shall first be applied
to the late charges due, then to the previously outstanding
principal due and, lastly, to the most current principal due.
Subject to requirements of regulatory bodies having jurisdiction
and without prejudice to any other rights and remedies available
to Caprock under the law and the executed Agreement, Caprock
shall have the right to discontinue transportation service if any
bill remains unpaid for thirty (30) days after the due date
thereof or if Shipper breaches any of the other terms and
conditions of the executed Agreement and, for thirty (30) days
after receipt of written notice from Caprock of such other
breach, fails to remedy or correct the same; provided, however,
that in the event of a bona fide dispute between the parties in
respect of breach, or in respect of the amount due under any
bill, Caprock shall not have the right to discontinue the
transportation of gas for Shipper's account until after the
expiration of thirty (30) days from the date a final decision is
no longer subject to appeal by a court of competent jurisdiction,
unless the decision of the court has determined such dispute in
favor of Caprock and against Shipper and Shipper has failed to
remedy or correct such violation or breach of contract within
said thirty (30) day period. Transportation of gas shall be
resumed upon remedy of Shipper's breach.
8.5 Delayed Bill - If Caprock fails to mail any bill by the
ninth (9th) business day of the month then the time of payment
shall be extended by one (1) day for each day that the mailing of
said bill is delayed unless Shipper is responsible for such
delay.
8.6 Prior Period Adjustments - Prior period adjustment time
limits should be six (6) months from the date of the initial
transportation invoice and seven (7) months from the date of the
initial sales invoice, with a three (3) month rebuttal period,
excluding government required rate changes. This standard shall
not apply in the case of deliberate omission or misrepresentation
or mutual mistake of fact. Parties other statutory or contractual
rights shall not otherwise be diminished by this paragraph.
Measurement prior period adjustments shall be taken back to the
production month. A meter adjustment becomes a prior period
adjustment after the fifth business day following the business
month. Measurement data corrections should be processed within
six months of the production month with a three month rebuttal
period. This standard shall not apply in the case of deliberate
omission or misrepresentation or mutual mistake of fact. Parties
other statutory or contractual rights shall not otherwise be
diminished by this provision. Missing or late measurement data
shall be estimated on the invoice. The measuring party shall
provide the estimate. When actual data is acquired, it shall be
treated as a prior period adjustment.