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.