Petal Gas Storage Company
Original Volume No. 1
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Effective Date: 03/15/2002, Docket: CP00- 59-002, Status: Effective
Third Revised Sheet No. 123 Third Revised Sheet No. 123 : Effective
Superseding: Second Revised Sheet No. 123
GENERAL TERMS AND CONDITIONS (Continued)
Replacement Customer; and (iii) Petal shall remit the remaining balance,
if any, or shall charge any balance due, to the Releasing Customer,
provided that the Releasing Customer is only liable to the extent of its
Capacity and Deliverability Charges. Petal is not obligated to the
Releasing Customer for any payments not received from the Replacement
Customer.
12.3 Payment. Customer shall pay Petal by wire transfer the undisputed
portion of the amount reflected on the invoice provided within fifteen
(15) days of its receipt of same. If the fifteenth (15th) day shall fall
upon a weekend or legal holiday, then such payment shall be made on the
first regular Business Day prior to such fifteenth (15th) day.
12.4 Billing Error. If an error is discovered in any billing, such error
shall be adjusted within 30 days of the determination thereof provided
that claim shall have been made within six months from the date of the
initial invoice, with a three-month rebuttal period, excluding
government-required rate changes. This standard shall not apply in the
case of deliberate omission or misrepresentation or mutual mistake of
fact. Parties' other statutory or contractual rights shall not otherwise
be diminished by this standard. If a dispute arises as to the amount
payable in any invoice rendered hereunder, Customer shall nevertheless
pay when due the amount not in dispute under such invoice.
Such payment shall not be deemed to be a waiver of the right by Customer
to recoup any overpayment, nor shall acceptance of any payment be deemed
to be a waiver by Petal of any underpayment. In the event Customer fails
to forward the entire undisputed amount due to Petal when same is due,
interest on the unpaid portion shall accrue at a rate equal to one
percent (1%) above the prime rate charged by Chase Manhattan Bank, N.A.,
New York, New York, from time to time, or the maximum legal rate,
whichever is the lesser, compounded daily from the date such payment is
due until the same is paid. If Customer's failure to pay the undisputed
portion of any invoice rendered hereunder continues beyond thirty (30)
days after the due date of such invoice, then Petal, in addition to all
other legal remedies available to it, shall have the right and option to
suspend further deliveries of gas until such default shall have been
cured. If Customer's failure to pay the undisputed portion of any
invoice rendered hereunder continues beyond sixty (60) days after the due
date of such invoice, then Petal, in addition to all other legal remedies
available to it, shall have the right and option to terminate service
hereunder.