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