Empire Pipeline, Inc.

Original Volume No. 1

Effective Date: 12/10/2008, Docket: CP06-5-010, Status: Effective

Original Sheet No. 149 Original Sheet No. 149

GENERAL TERMS AND CONDITIONS

7. BILLING AND PAYMENT

7.1 Billing. On or before the ninth (9th) Business Day of each

Month, Transporter shall render to Shipper a statement of the

amount due for the preceding Month under the applicable Rate

Schedule(s). In computing the amounts due, Transporter may

utilize estimates of the quantity of Gas received from or

delivered to Shipper during a Month, in place of actual

quantities when actual quantities are not reasonably available;

provided that adjustments shall be made in later statement for

differences between such estimated and actual quantities.

When information necessary for billing purposes is in the

control of Shipper, Shipper shall furnish such information to

Transporter on or before the third (3rd) Day of the Month. Both

Transporter and Shipper have the right to examine at reasonable

times, books, records and charts of the other to the extent

necessary to verify the accuracy of any statement, charge or

computation made under or pursuant to any of the provisions

hereof.

7.2 Payment. Shipper shall pay Transporter by wire transfer of

Federal Funds which are made immediately available to

Transporter at such bank account as Transporter shall designate,

on or before the twenty-fifth (25th) day of the month in which

the invoice is received, for all services rendered by

Transporter during the preceding billing period, as shown by the

invoice, except when the twenty-fifth (25th) day of the month is

a Saturday or Sunday or federal bank holiday, in which case

payment is due on the following business day. Provided,

however, a Shipper whose monthly invoice total amount due is

less than $50,000.00 may elect to make payment by check to be

received by Transporter on or before the twenty-fifth (25th).

Shipper shall identify each payment with the invoice number

specified by Transporter on the invoice to which the payment

relates. Transporter, in its sole discretion, reserves the

right to waive Shipper's underpayment on a final invoice of an

inactive account if the underpayment amount is trivial.

If presentation of an invoice to Shipper is delayed after the

ninth (9th) business day of the month, the time of payment shall

be extended accordingly by Transporter, unless Shipper is

responsible for such delay.