Central New York Oil And Gas Company, LLC

Original Volume No. 1

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Effective Date: 12/01/2001, Docket: CP00- 61-001, Status: Effective

Original Sheet No. 91 Original Sheet No. 91 : Effective

 

GENERAL TERMS AND CONDITIONS (continued)

 

6.5 If a new method or technique is developed

with respect to Gas measurement or the

determination of the factors used in such Gas

measurement, such new method or technique may be

substituted upon mutual agreement thereto by both

parties.

 

6.6 The parties agree to preserve for a period of

at least three (3) years or such longer period as

may be required by public authority, all test

data, charts, if any, and other similar records.

 

6.7 In accordance with the provisions of Sections

6.3 and 6.4 of the General Terms and Conditions,

Seller will use the best information available to

close its allocation of quantities for a service

Month. The cutoff for the closing of measurement

is five (5) Business Days after the business

Month. To the extent that adjustments are made

after the date of such close such adjustments

("Prior Period Adjustments" or "PPA") shall be

treated under this Section 6.7. If the PPA are

due to the correction of measurement data or

reallocation of volumes, such adjustments should

be processed within six (6) Months of the

applicable service Month. If the affected party

disputes the as-adjusted quantity it is entitled

to rebut the basis for the PPA, but only if it

does so within three (3) Months of the processing

of the as-adjusted quantity. Notwithstanding the

above specified deadlines for processing/rebutting

PPA, such deadlines shall not apply in the case of

deliberate omission or misrepresentation or mutual

mistake or fact. Parties' other statutory or

contractual rights shall not be diminished by this

standard.

 

7. QUALITY

 

7.1 Heat Content. Heat content shall mean the

gross heating value per cubic foot of Gas received

or delivered hereunder. Such Gas shall have a

heat content not less than 967 Btu per cubic foot

nor more than 1100 Btu when determined on a dry

basis. Seller shall have the right to waive such

Btu content limits if, in Seller's sole opinion,

Seller is able to accept Gas with a Btu content

outside such limits without affecting Seller's

operations. The total heating value per cubic

foot of Gas shall be determined by one of the

following methods:

 

(a) by means of an instrument of

standard manufacture installed to measure the

heating value of the Gas.

 

(b) at intervals of not more than six

(6) Months by means of an instrument of

standard manufacture and a sample of Gas from

the Gas stream.