Sea Robin Pipeline Company

First Revised Volume No. 1

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Effective Date: 06/01/1997, Docket: RP97-224-002, Status: Effective

First Revised Sheet No. 46 First Revised Sheet No. 46 : Superseded

Superseding: Original Sheet No. 46

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

8.2 (continued)

 

Commission's (Commission) Regulations. Transporter shall waive interest charges on a

late payment if such charge is not in excess of $5.00 or if Shipper, through no fault of its

own, fails to receive its monthly invoice by the payment due date and notifies

Transporter of such failure. If such failure to pay continues for twenty (20) days after

payment is due, Transporter, in addition to any other remedy it may have under the

Agreement, may suspend further receipt and/or delivery of gas until such amount is paid.

If Shipper in good faith disputes the amount of any such bill, but nevertheless pays

Transporter the undisputed amount of such bill or bills and, at any time thereafter within

thirty (30) days of a demand made by Transporter, furnishes a good and sufficient surety

bond in an amount and with sureties satisfactory to Transporter conditioned upon the

payment of any amounts 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 further receipt and/or delivery of

gas unless and until default is made in the conditions on such bond.

 

8.3 ADJUSTMENT OF ERRORS - All statements, billings and payments shall

be final unless questioned within twelve (12) months from the date of such billing,

statement or payment. Any error so discovered as a result of a timely claim shall be

corrected within thirty (30) days of the determination thereof.

 

8.4 INVOICE DISPUTES - If SHIPPER disputes, in good faith, the amount of

any invoice from Transporter, it shall provide a description and supporting

documentation of its position and timely submit payment of the amount it states is due

to Transporter along with remittance detail. Transporter shall apply such payment

in accordance with SHIPPER'S documentation. SHIPPER agrees that Transporter's

acceptance of a partial payment does not waive Transporter's right to full payment

after resolution of the disputed invoice in the future. Further, Shipper shall

identify and reimburse Transporter for all costs incurred by Transporter in the

collection of amounts ultimately determined by judgment of the courts to be due

from Shipper including, but not limited to, attorney's fees and court costs.

 

9. FORCE MAJEURE

 

9.1 EFFECT OF FORCE MAJEURE - In the event of either Transporter or

Shipper being rendered unable by force majeure to itself or a necessary third party to

wholly or in part carry out its obligations under the provisions of the Agreement, it is

agreed that the obligations of the party affected by such force majeure, other than the

obligation to make payments thereunder, shall be suspended during the continuance of

any inability so caused but for no longer period, and such cause shall, so far as possible,

be remedied with all reasonable dispatch.