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.