Central New York Oil And Gas Company, LLC

Original Volume No. 1

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Effective Date: 02/01/2007, Docket: CP07- 15-001, Status: Effective

Second Revised Sheet No. 22 Second Revised Sheet No. 22 : Effective

Superseding: Superseding First Revised Sheet No. 22

 

RATE SCHEDULE FSS (continued)

 

(iii) Seller shall have no liability to any

party

in relying on the recall instructions and

conditions specified by the Releasing

Customer,

except to the extent that such party

establishes

that Seller has incorrectly applied such

instructions as a result of the negligent

action

or willful misconduct of Seller.

 

7.2 EXECUTION OF SERVICE AGREEMENT. Once the provisions of this

Section 7 are satisfied, and as a condition precedent to

receiving service pursuant to a capacity release,

Replacement Customer shall execute a Service Agreement with

Seller.

 

7.3 BILLING ADJUSTMENT. Releasing Customer shall remain fully

obligated under the terms of its Service Agreement with

Seller during any capacity release except for Usage Charges

incurred by any Replacement Customer that has purchased

capacity released by the Releasing Customer. Seller shall

credit the invoice of Releasing Customer each Month for the

South Lateral and Capacity charges and volumetric rates

invoiced, by Seller to Replacement Customer provided,

however, that such credit:

 

(a) shall not include any charges billed to the Replacement

Customer under Section 5 of this Rate Schedule or Rate

Schedule ISS, and

 

(b) shall be reduced by the amount of any marketing fee

Seller is entitled to collect pursuant to Section 7.4

of this Rate Schedule.

 

If a Replacement Customer fails to pay all or any part of

its charges under the South Lateral Reservation Rate,

Capacity Reservation Rate or Base Gas Rate which have been

credited to Releasing Customer within fifteen (15) days of

the due date, such unpaid amount, with applicable interest

accruing from the date Replacement Customer's payment was

due, will be charged to the Releasing Customer's next

monthly bill and will be due and payable by Releasing

Customer, unless Replacement Customer in good faith shall

dispute the billed charges in accordance with the provisions

set forth in Section 8.2 of the General Terms and Conditions

of this FERC Gas Tariff. If such failure to pay continues

for thirty (30) days after payment is due, and the

Replacement Customer has not disputed billings in accordance

with Section 8.2 of the General Terms and Conditions of this

FERC Gas Tariff, then Seller may, in addition to any other

remedies it may have hereunder, terminate its Agreement with

the Replacement Customer, and the Replacement Customer shall

be deemed to have consented to abandonment of service under

the Agreement. If the Agreement with the Replacement

Customer is so terminated and service abandoned, the

capacity will