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.