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. 95 Original Sheet No. 95 : Effective

 

GENERAL TERMS AND CONDITIONS (continued)

 

failure to pay continues, then following

thirty (30) days prior written notice from Seller

of its intent to abandon service under the

Agreement, Customer shall be deemed to have

consented to such abandonment of service, unless

within the thirty (30) day period Customer pays to

Seller the entire balance due with interest, and

Seller, in addition to any other remedy it may

have hereunder, may suspend further injection or

withdrawal of Gas for Customer and may enter into

Agreements to provide service to others using

Customer's capacity and deliverability provided,

however, that if Customer in good faith shall

dispute the amount of any such invoice or part

thereof and shall pay to Seller such amounts not

in dispute, and provide documentation identifying

the basis for the dispute and, at any time

thereafter within thirty (30) days of a demand

made by Seller, shall furnish a good and

sufficient surety bond in an amount and with

surety satisfactory to Seller or other assurance

acceptable to Seller, guaranteeing payment to

Seller of the amount ultimately found due upon

such invoice after a final determination which may

be reached either by agreement or judgment of the

courts, as may be the case, then Seller shall not

be entitled to suspend further injection or

withdrawal of such Gas or to terminate or abandon

service under the Agreement unless and until

default be made in the conditions of such bond.

The foregoing shall be in addition to any other

remedies Seller may have, at law or in equity,

with respect to Customer's failure to pay the

amount of any invoice.

 

8.3 Adjustment of Invoicing Errors. Subject to the

provisions of Section 6 of these General Terms and

Conditions, if it shall be found that at any time or times

Customer has been overcharged or undercharged and Customer

shall have actually paid the invoice containing such

charges, then within thirty (30) days after the final

determination thereof, either Seller shall refund the amount

of any such overcharge or Customer shall pay the amount of

any such undercharge. In the event an error is discovered

in the amount invoiced in any invoice rendered by Seller,

such error shall be adjusted within thirty (30) days of the

determination thereof, provided that claim therefor shall

have been made within thirty (30) days from the date of

discovery of such error, but in any event within six (6)

months from the date of such invoice. The party receiving

such request for adjustment shall have three (3) months to

rebut such claim otherwise the invoice shall be adjusted as

requested. The preceding time limits do not apply to

deliberate omission or misrepresentation or mutual mistake

of fact or government required rate changes. The parties'

statutory or contractual rights shall not otherwise be

diminished by this Section. If the parties are unable to

agree on the adjustment of any claimed error, any resort by

either of the parties to legal proceedings shall be

commenced within fifteen (15) months after the supposed

cause of action is alleged to have arisen, or shall

thereafter be forever barred.