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.