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. 94 Original Sheet No. 94 : Effective
GENERAL TERMS AND CONDITIONS (continued)
8. BILLING AND PAYMENT
8.1 Billing. On or before the ninth (9th)
Business Day of each Month, Seller shall render
(for purposes of this Section 8.1, "render" shall
mean (a) postmarked or (b) time-stamped and
electronically transmitted via EDM to the
designated site, whichever is applicable) an
invoice to Customer setting forth the amount due
for such Month under the applicable Rate
Schedule(s). Seller's invoice shall be based on
actuals (if available) or best available data.
Quantities at points where OBA's exit shall be
invoiced based on scheduled quantities. Seller
may utilize estimates of the quantity of Gas
received for injection from or Tendered to or for
account of Customer during a Month, in place of
actual quantities when actual quantities are not
reasonably available; provided that adjustments
shall be made in later invoices for differences
between such estimated and actual quantities.
Such invoice shall include credits for capacity
assignment required by Section 7 of Rate Schedule
FSS, if any.
When information necessary for invoicing
purposes is in the control of Customer, Customer
shall furnish such information to Seller on or
before the third (3rd) day of the Month.
Both Seller and Customer have the right to
examine at reasonable times, books, records and
charts of the other to the extent necessary to
verify the accuracy of any invoice, charge or
computation made under or pursuant to any of the
provisions hereof.
8.2 Payment. Customer shall pay any invoice, on
or before the tenth (10th) day after the date of
the invoice. Payments by Customer to Seller shall
be made in the form of Wire Transfer directed to
bank account designated by Seller, unless
otherwise agreed to by the parties. Customer
shall identify the invoice number specified by
Seller to which the payment relates. If Customer
submits payment different from the invoiced
amount, remittance detail must be provided with
payment.
If rendition of an invoice by Seller is delayed
after the ninth (9th) Business Day of the Month, then the
time of payment shall be extended accordingly unless
Customer is responsible for such delay. Should Customer
fail to pay all of the amount of any invoice as herein
provided when such amount is due, interest on the unpaid
portion of the invoice shall accrue from the due date until
the date of payment at a rate of interest equal to the prime
rate charged by Citibank, N.A. during that period to
responsible commercial and industrial borrowers, plus two
percent (2%), but which in no event shall be higher than the
maximum rate permitted by applicable law. If such