Kentucky West Virginia Gas Company

Third Revised Volume No. 1

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Effective Date: 06/01/1997, Docket: RP97-104-001, Status: Effective

First Revised Sheet No. 111 First Revised Sheet No. 111 : Superseded

Superseding: Original Sheet No. 111

GENERAL TERMS AND CONDITIONS (Continued)

 

be correct, and at any time thereafter within thirty (30) days of

a demand made by Pipeline shall furnish a good and sufficient

surety bond guaranteeing payment to Pipeline 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 Pipeline shall not

be entitled to suspend further delivery of gas unless and until

default be made in the conditions of such bond. No payment by

Customer of the amount of a disputed invoice shall prejudice the

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

 

7.3 Extension of Time

 

If presentation of invoices by Pipeline is delayed after the

ninth (9th) business day of the month, then the time of

payment shall be extended accordingly unless Customer is

responsible for such delay.

 

7.4 Billing Errors

 

In the event an error is discovered in the amount invoiced

in any statement rendered by Pipeline, such error shall be

adjusted within thirty (30) days of the determination thereof;

provided, however, that any claim for adjustment must be made

within six (6) months from the date of such statement, with a

three-month rebuttal period. Such time limits shall not apply in

the case of government-required rate changes, deliberate omission

or misrepresentation, or mutual mistake of fact, nor shall this

provision diminish other statutory or contractual rights of the

parties.

 

 

8. CONTROL AND POSSESSION OF GAS

 

Pipeline shall have no responsibility prior to its acceptance of

natural gas pursuant to a Service Agreement at the Receipt Point(s) and

after delivery at the Delivery Point(s), and Customer shall have sole

responsibility for all arrangements necessary for delivery of natural gas

to Pipeline at the Receipt Point(s) for gathering and/or transportation,

and for all arrangements necessary for receipt of natural gas for the

account of Customer at the Delivery Point(s), which arrangements

otherwise meet the provisions set forth in these General Terms and

Conditions.

 

9. WARRANTY OF TITLE TO GAS AND INDEMNIFICATION

 

Customer warrants that it will, at the time of delivery to Pipeline, have