Panther Interstate Pipeline Energy, L.L.C.
Original Volume No. 1
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Effective Date: 02/01/2004, Docket: CP03-338-001, Status: Effective
Original Sheet No. 40 Original Sheet No. 40 : Effective
10.3 Monthly Payment Date: Shipper (or other payor) shall pay
Transporter, via electronic means as designated on each monthly
bill, so that payment is received and Transporter has available
funds within ten (10) calendar days from the date of the invoice,
for the transportation service purchased by Shipper during the
preceding month and invoiced by Transporter pursuant to this
Tariff or the transportation service agreement. Shipper (or other
payor) shall provide to Transporter supporting documentation with
any payment as well as the appropriate invoice number on the
payment(s). Transporter shall apply the payment pursuant to the
supporting documentation provided. Since payment is to be made by
electronic funds transfer, the remittance detail is due within two
(2) Business Days of the payment due date.
10.4 Remedies for Nonpayment: Should Shipper fail to pay all of the
amount of any invoice as herein provided when such amount is due,
Shipper shall pay a Charge for Late Payment. Such Charge for Late
Payment shall be determined by multiplying (a) the unpaid portion
of the invoice, by (b) the ratio of the number of days from the
due date to the date of actual payment to 365, and by (c) the
interest rate determined in accordance with 18 C.F.R. Section
154.67 of the Commission's Regulations. If such failure to pay
continues beyond five (5) days after payment is due, Transporter
may suspend service on five (5) Business Days' prior notice to
Shipper and to the Commission. If Transporter has provided
Shipper and the Commission with at least thirty (30) days notice
that service will terminate due to the non-payment, Transporter,
in addition to any other remedy it may have under law or the
transportation service agreement, may terminate the transportation
service agreement unless Shipper has cured the deficiency within
such 30-day notice period; provided, however, that if Shipper in
good faith shall dispute the amount of any such invoice or part
thereof and shall pay to Transporter such amounts as it concedes
to be correct in addition to providing such remittance detail and
documentation identifying the basis for the dispute, and at any
time within thirty (30) days after a demand made by Transporter
shall furnish 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 to suspend or terminate the
transportation service agreement until default be made in the
conditions of such bond. Transporter shall notify the Commission
of any actual suspension or termination of service pursuant to
this Section 10.4.