U-T Offshore System, L.L.C.
Third Revised Volume No. 1
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Effective Date: 06/01/1997, Docket: RP97-146-001, Status: Effective
First Revised Sheet No. 52 First Revised Sheet No. 52 : Superseded
Superseding: Original Sheet No. 52
GENERAL TERMS AND CONDITIONS
(Continued)
When information necessary for billing purposes is in the control of Shipper,
Shipper shall furnish such information to U-TOS on or before the 15th day of the
month.
Shipper and U-TOS 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 hereof.
10.2 Payment. Shipper shall pay U-TOS, at its general office, or at such other
address as U-TOS shall designate, no later than ten (10) days after the date of
the statement, the amount due for the preceding month. All payments shall
reference the statement number.
If presentation of a bill by U-TOS is delayed after the 9th business day of the
month, then the time of payment shall be extended accordingly unless Shipper is
responsible for such delay. Should Shipper fail to pay all or any portion of
the amount of any bill as herein provided when such amount is due, interest on
the unpaid portion of the bill shall accrue at the rate specified in Section
154.67(c)(iii) of the Commission's regulations. If such failure to pay
continues for 30 days after payment is due, U-TOS, in addition to any other
remedy it may have hereunder, and subject to whatever regulatory authority may
be necessary, may suspend further delivery of Gas until such amount is paid;
provided, however, that if Shipper in good faith shall dispute the amount of any
such bill or part thereof and shall timely pay to U-TOS such amounts as it does
not in good faith dispute and, at any time thereafter within 30 days of a demand
made by U-TOS, shall furnish a good and sufficient surety bond in an amount, on
a form and with surety satisfactory to U-TOS, guaranteeing payment to U-TOS 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 U-TOS shall not be entitled to suspend further delivery of Gas
on account of non-payment of such sum unless and until default be made in the
conditions of such bond. For any amount to be considered "disputed", Shipper
must provide remittance detail identifying which portion of the statement amount
is being disputed and appropriate documentation supporting and identifying the
basis for the dispute, in accordance with Section 10.3.
10.3 Adjustment of Billing Errors. Subject to the provisions of Section 3.10 and
3.12 hereof, if an error is discovered in the allocated quantities, the rate
billed, or any other item in any statement rendered by U-TOS, Shipper shall make
a claim therefor within six (6) months of the date of such statement. U-TOS
shall have three (3) months from the date the claim is made to dispute or
resolve the claim. If there is an agreement as to the amount of an error, any
adjustment shall be made within thirty (30) days of the determination thereof.
Such time limits shall not apply in the case of government required rate
changes, deliberate omission or misrepresentation, or mutual mistake of fact.
If the parties are unable to agree on the adjustment of any claimed error, any
resort by either of the parties to legal procedure, either at law, in equity,
or otherwise, shall be commenced within 15 months after the supposed cause of
action is alleged to have arisen, or shall thereafter be forever barred.