Ozark Gas Transmission, L. L. C.

First Revised Volume No. 1

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Effective Date: 11/16/2009, Docket: RP09-1040-000, Status: Effective

First Revised Sheet No. 117 First Revised Sheet No. 117

Superseding: Original Sheet No. 117

 

GENERAL TERMS AND CONDITIONS (continued)

 

6.4 Payment. Shipper shall pay Transporter by check or electronic

transfer of federal funds no later than the tenth Day following

receipt of the invoice from Transporter, the amount due for the

preceding Month, except when such day is a Saturday, Sunday or

bank holiday, in which case payment is due on the following

Business Day. Shipper shall submit supporting documentation; if

payment differs from the invoiced amount, remittance detail must

be provided with the payment except when payment is made by

electronic funds transfer, in which case the remittance detail is

due within two Business Days of the payment due date. Transporter

will apply parties' payment per the supporting documentation

provided by the Shipper. The Shipper shall indicate the invoice

number on all payments.

 

6.5 Remedies for Nonpayment. Should Shipper fail to pay all of the

amount of any invoice as herein provided when such amount is due,

Transporter may charge interest on the unpaid portion of the

invoice computed from the due date until the date of payment at

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

pipeline refunds as set forth in Section 154.501 of the Federal

Energy Regulatory Commission's Regulations under the Natural Gas

Act. If such failure to pay continues for thirty (30) Days after

payment is due, and Transporter has provided Shipper and the FERC

with at least ten (10) Days notice that service will terminate due

to the non-payment, Transporter, in addition to any other remedy

it may have under an executed Service Agreement, may, after

application to and authorization by the FERC, if such

authorization is necessary, terminate the Service Agreement.

 

6.6 Disputed Invoices. Shipper may dispute the amount of any invoice

or parts thereof due to a good faith allegation of a billing

error, made in writing to Transporter, with supporting

documentation, and pay to Transporter only such amounts as it

concedes to be correct if, within thirty (30) Days of a demand

made by Transporter, Shipper furnishes a 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. If Shipper furnishes

such a bond, Transporter shall not be entitled to suspend further

delivery of Natural Gas unless and until default be made in the

conditions of such bond. No payment by Shipper of the amount of a

disputed invoice shall prejudice the right of Shipper to claim

that an adjustment of the disputed invoice is required.