Empire Pipeline, Inc.

Original Volume No. 1

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

Original Sheet No. 151 Original Sheet No. 151

 

GENERAL TERMS AND CONDITIONS

 

 

7. BILLING AND PAYMENT (Cont'd.)

 

 

time within thirty (30) days after a demand made by Transporter,

shall furnish good and sufficient surety bond, guaranteeing

payment to Transporter of the amount ultimately found due upon

such bills after a final determination which may be reached

either by agreement or judgment of the courts, as may be the

case, then Transporter shall not be entitled to suspend or

terminate service on account of such disputed claim while so

secured, until default be made in the conditions of such bond.

Transporter, in its sole discretion, reserves the right to waive

trivial interest upon receipt of payment for all outstanding

balances, excluding such interest.

 

 

7.3 Verification and Correction of Errors. Both Transporter and

Shipper shall 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 of the

underlying transportation service agreement. If an error is

discovered in any invoice or imbalance statement, such error

shall be adjusted, provided that the claim of error and request

for adjustment shall have been made within six (6) months from

the date of such statement. The party receiving a claim of

error and request for adjustment shall have three (3) months to

rebut such claim, otherwise the statement shall be adjusted as

requested. The time limitations set forth in this Section 7.3

shall not apply in the case of deliberate omission or

misrepresentation, mutual mistake of fact: Parties' other

statutory or contractual rights shall not otherwise be

diminished by this section.