Hardy Storage Company, LLC

Original Volume No. 1

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Effective Date: 04/01/2007, Docket: CP05-150-003, Status: Effective

Original Sheet No. 98 Original Sheet No. 98 : Effective

 

GENERAL TERMS AND CONDITIONS (Cont’d)

 

 

Seller should apply payment per supporting documentation provided by

Customer. If payment differs from the invoiced amount, remittance detail

should be provided by the Customer with the payment except when payment is

made by EFT in which case, the remittance detail is due within two Business

Days of the payment due date. Customer shall pay the portion not in dispute

and shall provide documentation identifying the basis for the dispute.

 

(b) If rendering of a bill by Seller is delayed after the tenth

day following the date of the final monthly meter reading, then the time of

payment shall be extended by the same number of days unless Customer is

responsible for such delay.

 

(c) Should Customer fail to pay all of the amount of any bill as

herein provided, interest on the unpaid portion of such bill shall be

computed at the rate set forth in Section 154.501 of the Commission's

Regulations, prorated for the number of days from the due date of payment

until the actual date of payment.

 

(d) If Customer in good faith disputes the amount of any such

bill or part thereof, Seller shall not be entitled to suspend further

delivery of gas if (i) Customer pays to Seller such amounts as it concedes

to be correct and provides written documentation as to the basis for the

dispute; (ii) within 30 days of a demand made by Seller, Customer furnishes

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

to Seller; (iii) such surety bond guarantees payment to Seller of the

amount ultimately found due upon such bill, plus accrued interest, upon a

final determination by agreement or by judgment of the courts; and (iv)

Customer does not default on the conditions of such bond. If Customer (i)

has complied with all of the requirements in the immediately preceding

sentence; (ii) prevails on the merits of such dispute concerning such bill

by reason of a final determination by agreement or by judgment of the

courts; and (iii) makes payment to Seller in accordance with such final

determination, then Seller shall reimburse Customer for the reasonable

premium cost incurred by Customer in obtaining such surety bond upon

Seller's receipt from Customer of the documentation of such premium cost.