Distrigas of Massachusetts Corporation

First Revised Volume No. 1

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Effective Date: 12/17/1988, Docket: GT94- 26-000, Status: Effective

First Revised Sheet No. 44 First Revised Sheet No. 44 : Superseded

Superseding: Original Sheet No. 44

with respect to any error or inaccuracy which occurred more than

three (3) years prior to the discovery thereof.

 

6.4 Suspension of Service for Non-Payment. Should Buyer fail

to pay all of the amount of any bill for gas delivered hereunder,

when such amount is due, Buyer shall pay Seller a late charge on

the unpaid balance that shall accrue on each calendar day from

the due date at a rate equal to two percent (2%) above the

then-effective prime commercial lending rate per annum announced

by The Chase Manhattan Bank (N.A.) at its principal office in

New York City from time to time, provided that for any period

that such late charge exceeds any applicable maximum rate

permitted by law, the late charge shall equal said applicable

maximum rate. The late charge provided for by this Section 6.4

shall be compounded monthly. If either principal or late charges

are due, any payments thereafter received shall first be applied

to the late charges due, then to the previously outstanding

principal due and, lastly, to the most current principal due. If

such failure to pay continues for thirty (30) days after payment

is due, Seller may, without prejudice to any other rights and

remedies available to Seller under the law and this Agreement,

suspend further delivery of gas until such amount is paid;

provided, however, that if Buyer in good faith shall dispute the

amount of any such bill or parts thereof and shall pay to Seller

such amounts as it concedes to be correct and at any time

thereafter within thirty (30) days of a demand made by Seller

shall furnish good and sufficient surety bond, guaranteeing

payment to Seller 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

Seller shall not be entitled to suspend further delivery of gas

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