Honeoye Storage Corporation

Original Volume No. 1A

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Effective Date: 09/15/2010, Docket: RP10-1081-000, Status: Effective

Second Revised Sheet No. 95 Second Revised Sheet No. 95

Superseding: First Revised Sheet No. 95

 

Both Seller and Customer have the right to examine at reasonable times, books,

records and charts of the other to the extent necessary to verify the accuracy of

any invoice, charge or computation made under or pursuant to any of the

provisions hereof.

 

8.2 Payment. Customer shall pay any invoice, on or before the tenth (l0th) Day after

the date of the invoice. Payments by Customer to Seller shall be made in the form

of Wire Transfer directed to a bank account designated by Seller, unless otherwise

agreed to by the parties. Customer shall identify the invoice number specified by

Seller to which the payment relates. If Customer submits payment different from

the invoiced amount, remittance detail must be provided with payment.

 

If rendition of an invoice by Seller is delayed after the ninth (9th) Business Day

of the Month, then the time of payment shall be extended accordingly unless

Customer is responsible for such delay. Should Customer fail to pay all of the

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

the unpaid portion of the invoice shall accrue from the due date until the date of

payment at a rate of interest equal to the prime rate plus two percent (2%)

charged by TD Bank, or any such successor bank as may result from a purchase

or merger ofTD Bank, to responsible commercial and industrial borrowers, but

which in no event shall be higher than the maximum rate permitted by applicable

law. If such failure to pay continues for a period of 30 days from the date of the

original invoice, then Seller shall have the right to temporarily suspend service,

then following thirty (30) Days prior written notice from Seller of its intent to

abandon service under the Agreement, Customer shall be deemed to have

consented to such abandonment of service, unless within the thirty (30) Day

period Customer pays to Seller the entire balance due with interest, and Seller, in

addition to any other remedy it may have hereunder, may suspend further

injection or withdrawal of Gas for Customer and may enter into Agreements to

provide service to others using Customer's capacity and deliverability; provided,

however, that if Customer in good faith shall dispute the amount of any such

invoice or part thereof and shall pay to Seller such amounts not in dispute,

accompanied by documentation supporting the basis for the dispute and, at any

time thereafter within thirty (30) Days of a demand made by Seller, shall furnish

a good and sufficient surety bond in an amount and with surety satisfactory to

Seller or other assurance acceptable to Seller, guaranteeing payment to Seller of

the amount ultimately found due upon such invoice after a final determination

which may be reached either by agreement or judgment of the courts, as may be

the case, then Seller shall not be entitled to suspend further