Dauphin Island Gathering Partners
First Revised Volume No. 1
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Effective Date: 10/01/2002, Docket: RP02-423-000, Status: Effective
First Revised Sheet No. 187 First Revised Sheet No. 187 : Effective
Superseding: Original Sheet No. 187
Unless otherwise specified in an applicable tariff, general terms
and conditions, or contract, the effective payment due date of an
invoice when such due date does not fall upon a Business Day (as
defined in NAESB Standard 3.2.1) should be the first Business Day
following the due date.
14.3 Interest on Unpaid or Overpaid Amounts:
Should Shipper fail to pay any amount when due, or if found to
have paid in excess of the amount ultimately due pursuant to the
resolution of a good faith dispute ("overpaid amount"), interest
on the unpaid or overpaid amount shall accrue at a rate equal to
the lesser of the rate then set forth in Section 154.501 of the
Commission's Regulations or the highest amount allowed by law from
the date payment was due, pursuant to Section 14.2, and continue
until payment to Transporter or refund to Shipper is made.
14.4 Failure to Pay:
If, except in the case of a good faith dispute, Shipper fails to
make payment to Transporter pursuant to Section 14.2, and such
failure to make payment continues for twenty (20) days or more,
Transporter may suspend the further transportation of gas under
Shipper's Transportation Service Agreements upon ten (10) days
prior written notice to Shipper and the Commission, but the
exercise of such right shall be in addition to any other remedy
available to Transporter. In such circumstance, the provisions of
Subsection 7.3 (c) of these General Terms and Conditions shall not
apply.
14.5 Good Faith Dispute:
If Shipper, in good faith, disputes the amount due Transporter on
a billing statement, Shipper shall provide a description and
supporting documentation of its position and timely submit payment
of the amount it states is due Transporter. Transporter shall
apply such payment in accordance with Shipper's documentation.
Shipper agrees that Transporter's acceptance of a partial payment
does not waive Transporter's right to full payment after
resolution of the disputed invoice in the future. Shipper and
Transporter shall use all reasonable efforts to resolve the
dispute; provided, however, if the resolution of the good faith
dispute results in Shipper or Transporter owing the other an
additional amount, then the provisions of Section 14.3 shall apply
from the date payment was due, pursuant to Section 14.2, until
payment of the additional amount is made. The provisions of
Section 14.6 shall not apply in the case of a good faith dispute.