Kern River Gas Transmission Company
Second Revised Volume No. 1
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Effective Date: 07/01/2000, Docket: RP00-288-000, Status: Effective
Original Sheet No. 538 Original Sheet No. 538 : Effective
RATE SCHEDULE CH-1
Kern River Firm Transportation Services
(Continued)
ARTICLE X - INVOICING AND PAYMENT (Continued)
10.8 Adjustment of Invoicing Error. (Continued)
Shipper. In the event an error is discovered by Shipper in the amount
invoiced for any invoice rendered by Transporter, such error shall be
adjusted within 30 Days of the determination thereof; provided that
notice of audit or error shall have been made within six (6) Months
from the date of such invoice. In the event that any portion of the
invoice is in dispute, payment of the disputed portion shall not be
deemed a waiver of the right to contest such disputed portion in any
forum having jurisdiction in the premises.
10.9 Financial Requirements. Upon request by Transporter, Shipper will
render to Transporter complete audited financial statements of Shipper
or, if applicable, Shipper's parent, as contained in Shipper's or
Shipper's parent's latest Form 10-K and Annual Report, prepared in
accordance with generally accepted accounting principles. If, at any
time during the term of the Transportation Service Agreement, Shipper
receives a written notice from Transporter that Transporter has
reasonable grounds for insecurity as to Shipper's performance hereunder,
describing such grounds in reasonable detail, Shipper shall, within ten
Days after receipt of such notice, provide Transporter with adequate
assurance of Shipper's performance hereunder, either by Shipper or by
its parent. Transporter's receipt of a bona fide notice from one or
more of Transporter's substantial lenders that any such lender considers
the risk of Shipper's default hereunder to be unacceptably great shall
be conclusively presumed to constitute reasonable grounds for
Transporter's insecurity hereunder.
If Transporter reasonably deems Shipper's or Shipper's parent's
assurance of performance to be inadequate under the circumstances,
Transporter may request in writing to Shipper or Shipper's parent one or
more forms of security or assurance of performance that Transporter will
consider adequate. In such event, Shipper or Shipper's parent agrees to
provide such security or assurance in a reasonable form specified by
Transporter.