Honeoye Storage Corporation
Original Volume No. 1A
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Effective Date: 04/01/2003, Docket: RP03-256-002, Status: Effective
Third Revised Sheet No. 96 Third Revised Sheet No. 96 : Effective
Superseding: Second Revised Sheet No. 96
service under the Agreement unless and until default be made in the conditions
of such bond. The foregoing shall be in addition to any other remedies Seller may
have, at law or in equity, with respect to Customer s failure to pay the amount of
any invoice, including, but not limited to, the imposition of carrier liens on gas
stored by Honeoye, provided such imposition of carrier liens is permitted under
the laws of New York.
8.3 Adjustment of Invoicing Errors. Subject to the provisions of Section 6 of these
General Terms and Conditions, if it shall be found that at any time or times
Customer has been overcharged or undercharged and Customer shall have
actually paid the invoice containing such charges, then within thirty (30) Days
after the final determination thereof, either Seller shall refund the amount of any
such overcharge or Customer shall pay the amount of any such undercharge. In
the event an error is discovered in the amount invoiced in any invoice rendered
by Seller, such error shall be adjusted within thirty (30) Days of the
determination thereof, provided that claim therefor shall have been made within
thirty (30) Days from the date of discovery of such error, but in any event within
six (6) Months from the date of such invoice. The party receiving such request
for adjustment shall have three (3) Months to rebut such claim; otherwise the
invoice shall be adjusted as requested. The preceding time limits do not apply to
deliberate omission or misrepresentation or mutual mistake of fact or government
required rate changes. The parties' statutory or contractual rights shall not
otherwise be diminished by this Section. If the parties are unable to agree on the
adjustment of any claimed error, any resort by either of the parties to legal
proceedings shall be commenced within fifteen (15) Months after the supposed
cause of action is alleged to have arisen, or shall thereafter be forever barred.
8.4 BILLING ADJUSTMENT FOR RATE SCHEDULE WITHDRAWAL
PENALTY AND/OR SALE OF WORKING STORAGE GAS.
(a) Billing Adjustment. A billing adjustment shall be made to non-offending
Customers' bills crediting all revenues collected by Seller, net of costs, as
a result of gas left in storage after termination of FSS storage service
agreements and or Late Withdrawal Rate collected pursuant to ISS
storage service agreements. A pro rata allocation of such revenue will be
credited to each non-offending Customer, and will appear on the invoice
for the next Month's business following actual receipt by Seller of such
revenues. Seller shall have 90 Days from the end of the Month, in which
such Penalty Gas was retained, to sell the Penalty Gas or, if authorized to
purchase the Penalty Gas for use as cushion gas. The Penalty Gas shall