Great Lakes Gas Transport, L.L.C.

Second Revised Volume No. 1

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Effective Date: 06/01/1997, Docket: RP97-157-004, Status: Effective

Second Revised Sheet No. 106 Second Revised Sheet No. 106 : Effective

Superseding: First Revised Sheet No. 106

 

GENERAL TERMS AND CONDITIONS

FOR TRANSPORTATION SERVICE

(cont'd)

 

 

5. PAYMENTS (cont'd)

 

shall dispute the amount of any such invoice or parts thereof and

shall pay to Transporter such amounts as it concedes to be correct,

accompanied by documentation identifying the basis for the dispute and

at any time within thirty (30) days of a demand made by Transporter

shall furnish a good and sufficient surety bond guaranteeing payment

to Transporter of the amount ultimately found due upon such invoices

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 solely thereby to suspend further delivery of gas

unless and until default be made in the conditions of such bond. No

payment by Shipper of the amount of a disputed invoice shall prejudice

the right of Shipper to claim an adjustment of the disputed invoice.

 

5.3 If presentation of invoice by Transporter is delayed after the ninth

(9th) day of the month, then the time of payment shall be extended

accordingly unless Shipper is responsible for such delay.

 

5.4 In the event an error is discovered in the invoice or imbalance

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

determination thereof, provided that claim of error and request for

adjustment shall have been made within six (6) months from the date of

the initial transportation invoice and seven (7) months from the date

of the initial sales invoice. The party receiving a claim of error

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

claim excluding government-required rate changes; otherwise, the

statement shall be adjusted as requested. The time limitations set

forth in this Section 5.4 shall not apply in the case of deliberate

omission or misrepresentation, mutual mistake of fact, or Commission-

required rate changes; nor shall the parties' other statutory or

contractual rights be diminished by this Section.