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. 76 Original Sheet No. 76 : Effective
GENERAL TERMS AND CONDITIONS
12. BILLING (Continued)
12.7 Right to Audit. Both Total Peaking and Customer shall have the
right at their own expense to examine and audit at any reasonable
time the books, records (including measurement, billing and
payment) and charts of the other to the extent necessary to
verify the accuracy of any statements or charges made under or
pursuant to any of the provisions of Customer's service
agreement. Upon request, Customer shall also make available to
Total Peaking for audit purposes any relevant records of the
Transporters to which Customer has access. A formal audit of
accounts shall not be made more often than once each Contract
Year. Any inaccuracy will be promptly corrected when discovered;
provided, however, that neither Total Peaking nor Customer shall
be required to maintain books, records or charts for a period of
more than two (2) Contract Years following the end of the
Contract Year to which they are applicable. Neither Total
Peaking nor Customer shall have any right to question or contest
any charge or credit if the matter is not called to the attention
of the other in writing within two (2) years after the end of the
Contract Year in question.
If at any time Total Peaking is required to remit any taxes assessed on
the gas pursuant to Customer's service agreement, then Total Peaking
shall have the right to collect from Customer such taxes, including any
penalties and interest. Customer agrees to reimburse Total Peaking for
the taxes assessed on the gas, including any penalties and interest,
within fifteen (15) days of the date of invoice from Total Peaking.
Customer recognizes that Total Peaking may be required to file federal
and state tax returns, and Customer agrees to furnish Total Peaking
with adequate information pertaining to the taxation on the gas.
Customer shall be responsible for providing its own insurance coverage
with respect to its gas in the Total Peaking LNG facilities.