Southeast Supply Header, LLC

Original Volume No. 1

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Effective Date: 09/04/2008, Docket: CP07-44-005, Status: Effective

Original Sheet No. 256 Original Sheet No. 256

 

GENERAL TERMS AND CONDITIONS

(CONTINUED)

 

10. PAYMENTS (continued)

 

10.4 If an invoice is in dispute, Shipper shall pay the portion not in

dispute and provide documentation identifying the basis for the

dispute. If Shipper in good faith:

 

(a) disputes the amount of any such bill or part thereof;

 

(b) pays to Transporter such amounts as it concedes to be

correct;

 

(c) provides Transporter with a written notice including a full

description of the reasons for the dispute, together with

copies of supporting documents; and

(d) at any time thereafter within 30 Days of a demand made by

Transporter furnishes good and sufficient surety bond,

guaranteeing payment to Transporter of the amount

ultimately found due upon such bill after a final

determination which may be reached either by agreement or

judgment of the courts, as may be the case, then

Transporter shall not be entitled to suspend further

services because of such non-payment pursuant to Section

10.2 unless and until default be made in the conditions of

such bond.

 

10.5 In the event that Shipper does not pay the full amount due

Transporter in accordance with this Section 10, Transporter,

without prejudice to any other rights or remedies it may have,

shall have the right to withhold and set off payment of any

amounts of monies due or owing by Transporter to Shipper, against

any and all amounts or monies due or owing by Shipper to

Transporter for Transportation Services provided.

 

10.6 Any payments received under this Section 10 shall first be

applied to accrued interest, then to additional charges due, then

to the previously outstanding principle, and lastly, to the most

current principle due.