Caledonia Gas And Storage

First Revised Volume No. 1

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Effective Date: 09/30/2010, Docket: RP10-1032-000, Status: Effective

Original Sheet No. 105 Original Sheet No. 105

 

service, Caledonia shall not charge Customer reservation charges.

14.6 Billing Disputes. If Customer withholds payment of any disputed

amount as authorized herein, Customer shall on or before the due date

of the disputed invoice submit to Caledonia a written explanation of

the dispute and any available supporting documentation. The Parties

shall then cooperate in good faith to resolve such dispute as

expeditiously as possible, and the portion, if any, of such disputed

amount eventually determined to be due shall bear interest at the rate

stated in Section 14.3 above from the original due date until the date

actually paid.

14.7 Right to Audit. Both Caledonia 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 Caledonia for audit purposes any relevant records of the

Transporter 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 Caledonia 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 Caledonia 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.

 

15. TAXES

15.1 Customer shall be responsible for all taxes and assessments, of

any nature, assessed by any governmental authority in respect of Gas

to which Customer holds title, notwithstanding that such Gas may be

held in the Caledonia System as of such governmental authority’s tax

assessment / property reporting date. Notwithstanding anything to the

contrary that may be contained in any Service Agreement, Customer shall

be responsible for, and shall pay directly to the relevant

governmental authority, all ad valorem taxes payable in respect of all

or any portion of Customer’s Gas. If at any time Caledonia is required

to remit any taxes assessed on Gas or related to the services provided

under a Rate Schedule of this FERC Gas Tariff, then Caledonia shall

have the right to collect from Customer such taxes, including any

penalties and interest. Customer agrees to reimburse Caledonia for the

taxes assessed on the Gas or storage-related services, including any

penalties and interest, within fifteen (15) days of the date of invoice

from Caledonia. Customer shall furnish Caledonia information,

satisfactory to Caledonia, to enable Caledonia to comply with any

reports