Honeoye Storage Corporation

Original Volume No. 1A

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Effective Date: 08/01/2000, Docket: CP00- 93-003, Status: Effective

Original Sheet No. 94 Original Sheet No. 94 : Effective

 

until the condition is corrected. Customer therefore authorizes Seller to refuse to

accept deliveries from Transporter which do not conform to the specifications of

this Article unless and until said deliveries are, in Seller's sole opinion,

conformed to said standard. After receiving a notice hereunder, the party

responsible for such failure shall immediately take all necessary steps to correct

the condition and, upon completion thereof, shall resume deliveries and

redeliveries in accordance with the terms and conditions of this Agreement. The

remedies herein provided are in addition to any and all other remedies to which

either party may be entitled.

 

7.5 Commingling. It is recognized that Gas delivered to Seller by Customer will be

commingled with other Gas stored hereunder by Seller. Accordingly, the Gas of

Customer shall be subject to such changes in heat content as may result from such

commingling and Seller shall, notwithstanding any other provision herein, be

under no obligation to withdraw for Customer's account, Gas of a heat content

identical to that caused to be delivered by Customer to Seller.

 

8. BILLING AND PAYMENT:

 

8.1 Billing. On or before the ninth (9th) Business Day of each Month, Seller shall

render, (for purposes of this Section 8 1, "render" shall mean (a) postmarked or

(b) time stamped and electronically transmitted via EDM to the designated site,

whichever is applicable) an invoice to Customer setting forth the amount due for

such Month under the applicable Rate Schedule(s). Seller's invoice shall be based

on actuals (if available) or best available data. Quantities at points where OBA's

exist shall be invoiced based on scheduled quantities. Seller may utilize estimates

of the quantity of Gas received for injection from or Tendered to or for account of

Customer during a Month, in place of actual quantities when actual quantities are

not reasonably available; provided that adjustments shall be made in later invoices

for differences between such estimated and actual quantities. Such invoice shall

include credits for capacity assignment required by Section 7 of Rate Schedule

FSS, if any.

 

When information necessary for invoicing purposes is in the control of Customer,

Customer shall furnish such information to Seller on or before the third (3rd) Day

of the Month.