Total Peaking Services, L. L. C.

Original Volume No. 1

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Effective Date: 04/01/1998, Docket: CP96-339-001, Status: Effective

Original Sheet No. 75 Original Sheet No. 75 : Effective

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

12. BILLING (Continued)

 

12.5 Billing Error. If an error is discovered in any billing, such

error shall be adjusted within 30 days of the determination

thereof. If a dispute arises as to the amount payable in any

invoice rendered hereunder, Customer shall nevertheless pay when

due the amount not in dispute under such invoice. Such payment

shall not be deemed to be a waiver of the right by Customer to

recoup any overpayment, nor shall acceptance of any payment be

deemed to be a waiver by Total Peaking of any underpayment. In

the event Customer fails to forward the entire undisputed amount

due to Total Peaking when same is due, interest on the unpaid

portion shall accrue at a rate equal to two percent (2%) above

the prime rate published under "Money Rates" by the Wall Street

Journal, from time to time, or the maximum legal rate, whichever

is the lesser, compounded daily from the date such payment is due

until the same is paid. If Customer's failure to pay the

undisputed portion of any invoice rendered hereunder continues

beyond thirty (30) days after the due date of such invoice, then

Total Peaking, in addition to all other legal remedies available

to it, shall have the right and option to suspend further

deliveries of gas until such default shall have been cured. If

Customer's failure to pay the undisputed portion of any invoice

rendered hereunder continues beyond sixty (60) days after the due

date of such invoice, then Total Peaking, in addition to all

other legal remedies available to it, shall seek authorization to

terminate service hereunder.

 

12.6 Billing Disputes. If Customer withholds payment of any disputed

amount as authorized herein, Customer shall within ten (10) days

after the due date of the disputed invoice submit to Total

Peaking a written explanation of the dispute and any available

supporting documentation. The parties shall then cooperate in

good faith to resolve such dispute as expeditiously as possible,

and the portion, if any, of such disputed amount eventually

determined to be due shall bear interest at the rate stated in

Section 12.5 above from the original due date until the date

actually paid.