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