Caledonia Gas And Storage

Original Volume No. 1

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Effective Date: 05/01/2007, Docket: CP05- 15-003, Status: Effective

Original Sheet No. 42 Original Sheet No. 42 : Effective

 

that Customer delivered to Caledonia, then it shall be deemed to have complied

in all respects with its Delivery obligations to Customer

hereunder.

7.3 Measurement. All Gas delivered by or to Customer will be measured by the

metering facilities at each Point of Receipt and Delivery. Each Party shall

preserve all test data, charts and other similar records regarding the

measurement of Gas delivered hereunder for a period of not less than two (2)

years following the Month of Delivery.

Customer and Caledonia recognize that, from time to time, volumes nominated by

Customer for Receipt or Delivery may be displaced or netted out by volumes

nominated for Receipt or Delivery by other Customers and as such may not be

actually physically metered, but may be metered by measurement facilities of

the delivering or receiving pipeline, as applicable.

8. BILLING AND PAYMENT

8.1 Monthly Statement. Caledonia shall render to Customer, on or before the

tenth (10) Day of each Month, a statement which sets forth the charges owed by

Customer to Caledonia for the proceeding Month’s Service. The Statement will

include (a) the applicable rates; (b) the quantities being billed at each rate;

and (c) documentation sufficient to support billed quantities. The quantities

being billed will be based on volumes nominated by Customer and confirmed by

Caledonia, subject to Sections 5 and 8.3 of the General Terms and Conditions of

this Tariff.

8.2 Payment. Unless otherwise agreed, Customer shall pay by wire transfer in

immediately available funds to Caledonia the full amount due to Caledonia under

the statements rendered by Caledonia on or before the later of (a) ten (10)

Days after Customer’s receipt of same, or (b) the twentieth (20th) Day of the

issuing Month. If the Day for payment should fall upon a Saturday, Sunday or

Federal Banking Holiday, then such payment shall be made on the next business

Day. If Customer fails to pay such amounts when due, then interest shall

accrue on all unpaid amounts from the date due until paid at the FERC-approved

interest rate.

8.3 Billing Adjustments. If an error is discovered by either Caledonia or

Customer in the amount billed in any statement rendered by Caledonia, Caledonia

shall use its best efforts to correct any such billing error within sixty (60)

Days of the discovery of such error. In the event a dispute arises as to the

amount payable in any statement rendered by Caledonia hereunder, Customer shall

nevertheless pay the total amount payable to Caledonia under the statement

rendered pending resolution of the dispute. Such payment shall not be deemed

to be a waiver of the right by Customer to recoup any overpayment, or by

Caledonia to recoup any underpayment, in either case with interest thereon at

the same rate specified in Section 8.2. All statements shall be considered

final, and any and all objections thereto shall be deemed waived, unless made

in writing within twenty-four (24) months of Customer’s receipt thereof.

Disputes shall be resolved in accordance with Section 26 of the General Terms

and Conditions of this Tariff.