Billing, Accounting, and Reports. 5.1 On or before the fifteenth (15th) Day of each Month, Transporter will render, a statement to Shipper setting forth, in terms of MMBtu, the total volume and quantity of Gas received hereunder at the Receipt Point(s), the volume of Gas retained by Transporter, and the quantity of Gas delivered hereunder at the Delivery Point(s) during the immediately preceding Month and the amount payable therefore. Shipper agrees to pay Transporter by wire transfer in immediately available funds (identifying the invoice number) the full amount payable according to such statement on or before the later of the twenty-fifth (25th) Day of the Month in which the statement is rendered or ten (10) Days following the receipt thereof by Shipper. In the event such quantities are estimated for any period, corrected statements shall be rendered by Transporter to Shipper and paid by Shipper or credited by Transporter, as the case may be, in each instance in which the actual quantity received or delivered hereunder with respect to a Month shall be determined to be at variance with the estimated quantity theretofore made the basis of billing and payment hereunder. If an error is discovered in the amount billed in any statement rendered by Transporter, then such error will be adjusted within thirty (30) Days of the discovery of the error. 5.2 If a bona fide dispute arises as to the amount payable in any statement rendered, then Shipper will nevertheless pay the undisputed amount payable to Transporter under the statement rendered pending resolution of the dispute. Upon resolution of such dispute, Shipper will pay any monies owed Transporter per the terms of this Section 5. 5.3 In addition to all other remedies available to Transporter, should Shipper fail to pay any amount when the same becomes due, Shipper shall pay interest on outstanding balances accruing thereon at a rate equal to the prime rate from time to time in effect and charged by the Citibank, N.A., New York, New York or its successor, plus two percent (2%) per annum, (but in no event greater than the maximum rate of interest permitted by law) with adjustments in such rate to be made on the same Day as any change in such prime rate, for any period during which the same shall be overdue, such interest to be paid when the amount past due is paid. Each party hereto or its representative shall have the right at all reasonable times to examine the books and records of the other party to the extent necessary to confirm the performance of any obligation made under or pursuant to this Agreement or verify the accuracy of any statement, charge, computation or demand made under or pursuant to this Agreement. Any statement shall be final as to all parties unless questioned within two (2) years after payment thereof has been made.
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Samples: Intrastate Natural Gas Transportation Service Agreement, Intrastate Natural Gas Transportation Service Agreement
Billing, Accounting, and Reports. 5.1 17.1. On or before approximately the fifteenth (15th) Day 10th day of each Month, Transporter Gatherer will render, render to Shipper a statement to Shipper setting forth, in terms of MMBtu, for the total volume and quantity preceding Month showing the amount of Gas received hereunder (MMBtu and Mcf) delivered at the Receipt Point(s) and Delivery Point(s); the amount of compensation due to Gatherer hereunder, including reimbursement of Taxes; other reasonable and pertinent information that is necessary to explain and support the same; and any adjustments made by Gatherer in determining the amount billed.
17.2. Shipper will pay to Gatherer, within 10 days from the date of receipt of the Gatherer’s statement, the volume of Gas retained by Transporter, and amount set forth in Gatherer’s statement. Gatherer will have the quantity of Gas delivered right to require that Shipper make all payments hereunder at the Delivery Point(s) during the immediately preceding Month and the amount payable therefore. Shipper agrees to pay Transporter by wire transfer and Shipper will direct the bank wire transfer to DFW Midstream Services LLC at JPMorgan Chase Bank, NY, ABA No. [***], for deposit to Account No. [***]. To assure proper credit, Shipper should designate the company name, invoice number and amount being paid in immediately available funds (identifying the invoice number) Fedwire Text Section. If the full amount payable according to such contained in a statement is not paid when due, interest on or before all unpaid amounts will accrue at the later rate of the twenty-fifth (25th) Day lesser of [***]% per month, or the Month in which maximum rate allowed by law, from the statement date such amount is rendered or ten (10) Days following due Gatherer; provided, however, no interest will accrue on unpaid amounts when failure to make payment is the receipt thereof by Shipper. In the event such quantities are estimated for any period, corrected statements shall be rendered by Transporter to Shipper and paid by Shipper or credited by Transporter, as the case may be, in each instance in which the actual quantity received or delivered hereunder with respect to a Month shall be determined to be at variance with the estimated quantity theretofore made the basis result of billing and payment hereunder. If an error is discovered in the amount billed in any statement rendered by Transporter, then such error will be adjusted within thirty (30) Days of the discovery of the error.
5.2 If a bona fide dispute arises as to between the amount payable parties regarding such amounts (and Shipper timely pays all amounts not in any statement rendereddispute) unless and until it is ultimately determined that Shipper owes such disputed amount, then Shipper will nevertheless pay the undisputed amount payable to Transporter under the statement rendered pending resolution of the dispute. Upon resolution of such dispute, whereupon Shipper will pay any monies owed Transporter per Gatherer that amount, plus interest computed back to the terms of this Section 5original payment due date, immediately upon such determination.
5.3 In addition to all other remedies available to Transporter, should Shipper fail to pay any amount when the same becomes due, Shipper shall pay interest on outstanding balances accruing thereon at a rate equal to the prime rate from time to time in effect and charged by the Citibank, N.A., New York, New York or its successor, plus two percent (2%) per annum, (but in no event greater than the maximum rate of interest permitted by law) with adjustments in such rate to be made on the same Day as any change in such prime rate, for any period during which the same shall be overdue, such interest to be paid when the amount past due is paid17.3. Each party hereto or its representative shall Party will have the right at all reasonable times to examine the books and records of the other party Party to the extent necessary to confirm the performance of any obligation made under or pursuant to this Agreement or verify the accuracy of any statement, charge, computation or demand made under or pursuant to any of the provisions in this Agreement. Any statement shall If any such examination reveals any inaccuracy in such billing theretofore made, the necessary adjustments in such billing and payment will be final made; provided, that no adjustments for any billing or payment will be made for any inaccuracy claimed after the lapse of 25 months from the rendition of the invoice relating thereto.
17.4. If Shipper (i) fails to pay any fee required by the terms of this Agreement or (ii) fails to demonstrate minimal creditworthiness as determined by Gatherer, Gatherer may require Shipper to all parties unless questioned within two (2) years after payment thereof prepay for such service or upon 15 days written notice from Gatherer, furnish a *** Certain information in this document has been madeomitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. parental guaranty, good and sufficient surety bond, or other good and sufficient security of a continuing nature as determined by Gatherer in its sole discretion. Such security will be in an amount equal to the estimated amount due for performing the services provided hereunder to Shipper for a 3 month period.
Appears in 1 contract
Samples: Natural Gas Gathering Agreement (Summit Midstream Partners, LP)
Billing, Accounting, and Reports. 5.1 14.1 On or before the fifteenth (15th) Day of each Month, Transporter will render, a statement to Shipper setting forth, in terms of MMBtu, the total volume and quantity of Gas received hereunder at the Receipt Point(s), the volume of Gas retained by Transporter, and the quantity of Gas delivered hereunder at the Delivery Point(s) during the immediately preceding Month and the amount payable therefore. Shipper agrees to pay Transporter by wire transfer in immediately available funds (identifying the invoice number) the full amount payable according to such statement on or before the later of the twenty-fifth (25th) Day of the Month in which the statement is rendered or ten (10) Days following the receipt thereof by Shipper. In the event such quantities are estimated for any period, corrected statements shall be rendered by Transporter to Shipper and paid by Shipper or credited by Transporter, as the case may be, in each instance in which the actual quantity received or delivered hereunder with respect to a Month shall be determined to be at variance with the estimated quantity theretofore made the basis of billing and payment hereunder. If an error is discovered in the amount billed in any statement rendered by Transporter, then such error will be adjusted within thirty (30) Days of the discovery of the error.
5.2 14.2 If a bona fide dispute arises as to the amount payable in any statement rendered, then Shipper will nevertheless pay the undisputed amount payable to Transporter under the statement rendered pending resolution of the dispute. Upon resolution of such dispute, Shipper will pay any monies owed Transporter per the terms of this Section 514.
5.3 14.3 In addition to all other remedies available to Transporter, should Shipper fail to pay any amount when the same becomes due, Shipper shall pay interest on outstanding balances accruing thereon at a rate equal to the prime rate from time to time in effect and charged by the Citibank, N.A., New York, New York or its successor, plus two percent (2%) per annum, (but in no event greater than the maximum rate of interest permitted by law) with adjustments in such rate to be made on the same Day as any change in such prime rate, for any period during which the same shall be overdue, such interest to be paid when the amount past due is paid. Each party hereto or its representative shall have the right at all reasonable times to examine and copy the books and records of the other party to the extent necessary to confirm the performance of any obligation made under or pursuant to this the Service Agreement and any applicable Confirmation or verify the accuracy of any statement, charge, computation or demand made under or pursuant to this Agreementthe Service Agreement and any applicable Confirmation. Any statement shall be final as to all parties unless questioned within two (2) years after payment thereof has been made.
Appears in 1 contract
Samples: Intrastate Firm Natural Gas Transportation Service Agreement (Altus Midstream Co)
Billing, Accounting, and Reports. 5.1 (a) On or before approximately the fifteenth (15th) Day 15th day of each Monthmonth, Transporter will render, shall render to Shipper a statement to Shipper setting forth, in terms of MMBtu, for the total volume preceding month showing the Mcf and quantity of Gas received hereunder MMBtu delivered at the Receipt Point(s), the volume of Gas retained by Transporter, ) and the quantity of Gas delivered hereunder at the Delivery Point(s) during the immediately preceding Month and Point; the amount payable therefore. of compensation due to Transporter hereunder, including the tax reimbursement; and other reasonable and pertinent information which is necessary to explain and support same and any adjustments made by Transporter in determining the amount billed.
(b) Shipper agrees to shall pay Transporter by wire transfer in immediately available funds (identifying the invoice number) the full amount payable according to such statement on or before the later of the twenty-fifth (25th) Day of the Month in which the statement is rendered or ten (10) Days following days from the receipt thereof date Transporter's statement is deposited prepaid in the United States mail for gas transported hereunder during the preceding month, or as to payment which is otherwise due hereunder, according to the measurements, computations and rates herein provided. Transporter hereby agrees, however, that Shipper may pay any such statement by Shipperbank wire transfer by directing the bank wire transfer to Lone Star Gas Company at Texas Commerce Bank, Dallas, Texas, ABA No. In 000000000, for deposit to Lone Star Gas Company Account No. 08805016795. To assure proper credit, Shipper should designate the event such quantities are estimated for any periodcompany name, corrected statements shall be rendered by Transporter to Shipper invoice number and amount being paid by Shipper or credited by Transporter, as in the case may be, in each instance in which the actual quantity received or delivered hereunder with respect to a Month shall be determined to be at variance with the estimated quantity theretofore made the basis of billing and payment hereunderFedwire Text Section. If an error the invoiced amount of any payment due is discovered in not paid when due, interest on all unpaid amounts shall accrue at the rate of one and one half percent (1-1/2%) per month, or the highest rate allowed by law, whichever is less, from the date such amount billed in any statement rendered by is due Transporter; provided, then such error will be adjusted within thirty (30) Days however no interest shall accrue on unpaid amounts when failure to make payment is the result of the discovery of the error.
5.2 If a bona fide dispute arises as to between the amount payable parties hereto regarding such amounts and Shipper timely pays all amounts not in any statement rendered, then Shipper will nevertheless pay the undisputed amount payable to Transporter under the statement rendered pending resolution of the dispute. Upon resolution of such dispute, Shipper will pay any monies owed Transporter per the terms of this Section 5.
5.3 In addition to all other remedies available to Transporter, should Shipper fail to pay any amount when the same becomes due, Shipper shall pay interest on outstanding balances accruing thereon at a rate equal to the prime rate from time to time in effect and charged by the Citibank, N.A., New York, New York or its successor, plus two percent (2%c) per annum, (but in no event greater than the maximum rate of interest permitted by law) with adjustments in such rate to be made on the same Day as any change in such prime rate, for any period during which the same shall be overdue, such interest to be paid when the amount past due is paid. Each party hereto or its representative shall have the right at all reasonable times to examine the books measurement records and records charts of the other party party, or its agent/designee, if any, to the extent necessary to confirm the performance of any obligation made under or pursuant to this Agreement or verify the accuracy of any statement, charge, computation or demand made under or pursuant to any of the provisions in this Agreement. Any statement If any such examinations reveal any inaccuracy in such billing theretofore made, the necessary adjustments in such billing and payment shall be final made; provided, that no adjustments for any billing or payment shall be made for any inaccuracy claimed after the lapse of twenty five (25) months from the rendition of the invoice relating thereto.
(d) If the credit worthiness or financial responsibility of Shipper should, in Transporter's reasonable sale opinion, ever become unsatisfactory, then upon request by Transporter at anytime and from time to time during the term hereof, Shipper shall deposit with Transporter (i) such amount of money requested by Transporter, or (ii) a letter of credit in a form acceptable to Transporter from a financial institution acceptable to Transporter in an amount requested by Transporter, to guarantee the payment of statements and invoices hereunder, as well as any possible imbalances hereunder. Upon the termination of this Agreement, any money so deposited, less any amount due Transporter by Shipper, shall be refunded to all parties unless questioned within two (2) years after payment thereof has been madeTransporter.
Appears in 1 contract
Samples: Contract for Industrial Gas Service (Gorges Quik to Fix Foods Inc)
Billing, Accounting, and Reports. 5.1 On or before the fifteenth (15th) Day of each Month, Transporter will render, a statement to Shipper setting forth, in terms of Mcf and MMBtu, the total volume and quantity of Gas received hereunder at the Receipt Point(s), the volume of Gas retained by Transporter, and the quantity of Gas delivered hereunder at the Delivery Point(s) during the immediately preceding Month and the amount payable therefore. Shipper agrees to pay Transporter by wire transfer in immediately available funds (identifying the invoice number) the full amount payable according to such statement on or before the later of the twenty-fifth (25th25TH) Day of the Month in which the statement is rendered or ten (10) Days following the receipt thereof by Shipper. In the event such quantities are estimated for any period, corrected statements shall be rendered by Transporter to Shipper and paid by Shipper or credited by Transporter, as the case may be, in each instance in which the actual quantity received or delivered hereunder with respect to a Month shall be determined to be at variance with the estimated quantity theretofore made the basis of billing and payment hereunder. If an error is discovered in the amount billed in any statement rendered by Transporter, then such error will be adjusted within thirty (30) 30 Days of the discovery of the error.
5.2 If a bona fide bonafide dispute arises as to the amount payable in any statement rendered, then Shipper will nevertheless pay the undisputed total amount payable to Transporter under the statement rendered pending resolution of the dispute. Upon resolution Such payment will not be deemed to be a waiver of such dispute, the right by Shipper will pay to recoup any monies owed Transporter per the terms of this Section 5overpayment.
5.3 In addition to all other remedies available to Transporter, should Shipper fail to pay any amount when the same becomes due, Shipper shall pay interest on outstanding balances accruing thereon at a rate equal to the prime rate from time to time in effect and charged by the Citibank, N.A., New York, New York or its successor, plus two percent (2%) per annum, (but in no event greater than the maximum rate of interest permitted by law) with adjustments in such rate to be made on the same Day as any change in such prime rate, for any period during which the same shall be overdue, such interest to be paid when the amount past due is paid. Each party hereto or its representative shall have the right at all reasonable times to examine the books and records of the other party to the extent necessary to confirm the performance of any obligation made under or pursuant to this Agreement or verify the accuracy of any statement, charge, computation or demand made under or pursuant to this Agreement. Any statement shall be final as to all parties unless questioned within two (2) years after payment thereof has been made.
Appears in 1 contract