Freebird Gas Storage, L.L.C.

First Revised Volume No. 1

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Effective Date: 10/01/2008, Docket: RP08-304-000, Status: Effective

Original Sheet No. 142 Original Sheet No. 142 : Suspended

 

13.3 Payment. Shipper shall pay Freebird by wire transfer the full amount

reflected on the invoice within ten (10) days of the date of the invoice. If

the tenth (10th) day shall fall upon a weekend or legal holiday, then such

payment shall be made on the last regular Business Day prior to such tenth

(10th) day. Party making payment should submit supporting documentation;

Party receiving payment should apply payment per supporting documentation

provided by the paying Party; and if payment differs from invoiced amount,

remittance detail should be provided within two (2) Business Days of the

payment due date. All payments shall be made without any deduction or

withholding for or on account of any tax.

 

13.4 Billing Error. If an error is discovered in any billing, such error

shall be adjusted within thirty (30) days of the determination thereof. If a

dispute arises as to the amount payable in any invoice rendered hereunder,

Shipper shall nevertheless pay when due the amount not in dispute under such

invoice. Such payment shall not be deemed to be a waiver of the right by

Shipper to recoup any overpayment, nor shall acceptance of any payment be

deemed to be a waiver of the right by the Shipper to recoup any overpayment,

nor shall acceptance of any payment be deemed to be a waiver by Freebird of

any underpayment. In the event Shipper fails to forward the entire undisputed

amount due to Freebird when same is due, interest on the unpaid portion shall

accrue at the same rate of interest and in the same manner as prescribed for

pipeline refunds as set forth in Section 154.501(d) of the Commission’s

regulations from the date such payment is due until the same is paid. If at

any time payments for services and payments for interest are both due, any

payments thereafter received shall be applied first to all interest payments

due, then to the service payments due in order from the oldest to the most

current payments due. If any undisputed invoiced amount remains unpaid after

the due date thereof, in addition to any other rights that Freebird may have

under this Gas Tariff, the relevant Service Agreements and/or at law or in

equity, Freebird shall have the right, upon giving Shipper written notice, to

suspend services under any or all Service Agreements. Contemporaneously with

suspension of Shipper’s services, Freebird shall be entitled to provide notice

to Shipper and to the FERC that Shipper’s services shall be terminated if all

amounts due to Freebird are not paid within thirty (30) days of Freebird’s

delivery of such notice to Shipper. During any period of suspended deliveries

and following any termination of service, Freebird shall not charge Shipper

reservation charges.

 

13.5 Billing Disputes. If Shipper withholds payment of any disputed amount as

authorized herein, Shipper shall on or before the due date of the disputed

invoice submit to Freebird a written explanation of the dispute and any

available supporting documentation. The Parties shall then cooperate in good

faith to resolve such dispute as expeditiously as possible, and the portion,

if any, of such disputed amount eventually determined to be due shall bear

interest at the rate stated in Section 13.4 above from the original due date

until the date actually paid.

 

13.6 Right to Audit. Both Freebird and Shipper shall have the right at their

own expense to examine and audit at any reasonable time the books, records

(including measurement, billing and payment) and charts of the other to the

extent necessary to verify the accuracy of any statements or charges made

under or pursuant to any of the provisions of Shipper’s Service Agreement.

Upon request, Shipper shall also make available to Freebird for audit purposes

any relevant records of the Transporter to which Shipper has access. A formal

audit of accounts shall not be made more often than once each Contract Year.

Any inaccuracy will be promptly corrected when discovered; provided, however,

that neither Freebird nor Shipper shall be required to maintain books,

records, or charts for a period of more than two (2) Contract Years following

the end of the Contract Year to which they are applicable. Neither Freebird

nor Shipper shall have any right to question or contest any charge or credit

if the matter is not called to the attention of the other in writing within two

(2) years after the end of the Contract Year in question.