Distrigas of Massachusetts Corporation
First Revised Volume No. 1
Contents / Previous / Next / Main Tariff Index
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First Revised Sheet No. 44 First Revised Sheet No. 44 : Superseded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.