North Baja Pipeline, LLC

Original Volume No. 1

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Effective Date: 08/01/2009, Docket: RP09-689-000, Status: Effective

Third Revised Sheet No. 112 Third Revised Sheet No. 112

Superseding: Second Revised Sheet No. 112

 

GENERAL TERMS AND CONDITIONS OF SERVICE

(Continued)

 

5. INSPECTION OF EQUIPMENT AND RECORDS

 

5.1 Inspection of Equipment and Data: NBP and Shipper shall have the

right to inspect equipment installed or furnished by the other,

and the charts and other measurement or test data of the other, at

all times during business hours; but the reading, calibration and

adjustment of such equipment and changing of charts shall be done

only by the entity installing or furnishing same. Unless NBP and

Shipper otherwise agree, each shall preserve all original test

data, charts and other similar records in such party's possession,

for a period of at least six (6) years.

 

5.2 Information for Billing: When information necessary for billing

by NBP is in the control of Shipper, Shipper shall furnish such

information, estimated if actual is not available, to NBP on or

before the third (3rd) working day of the month following the

month transportation service was rendered. If Shipper furnishes

estimated information, the actual information shall be furnished

to NBP on or before the fifth (5th) working day of the month

following the month transportation service was rendered.

 

Verification of Computations: NBP and Shipper shall have the

right to examine at reasonable times the books, records and charts

of the other to the extent necessary to verify the accuracy of any

statement, charge or computation made pursuant to these General

Terms and Conditions of Service and to the rate schedules to which

they apply, within twelve (12) months of any such statement,

charge or computation. The time limitation for disputing

allocations shall be six (6) months from the date of initial

month-end allocation with a three-month rebuttal period, provided,

however, that this limitation shall not apply in the case of a

deliberate omission or misrepresentation or mutual mistake of

fact, and shall not diminish the parties' other statutory or

contractual rights. In accordance with NAESB Standard 2.3.11,

Version 1.8, a meter adjustment or correction becomes a prior

period adjustment after the fifth (5th) business day following the

Business Month. Any measurement of prior period adjustments are

taken back to the production month. These provisions are in

accordance with NAESB Standard 2.3.7, Version 1.8, which

establishes a cutoff for the closing of measurement of five (5)

business days after business month.

 

(Continued)