BILLING, PAYMENT, AND AUDIT. 7.1. Seller shall invoice Buyer for Gas delivered and received in the preceding Month and for any other applicable charges, providing supporting documentation acceptable in industry practice to support the amount charged. If the actual quantity delivered is not known by the billing date, billing will be prepared based on the quantity of Scheduled Gas. The invoiced quantity will then be adjusted to the actual quantity on the following Month’s billing or as soon thereafter as actual delivery information is available.
7.2. Buyer shall remit the amount due under Section 7.1 in the manner specified in the Base Contract, in immediately available funds, on or before the later of the Payment Date or 10 Days after receipt of the invoice by Buyer; provided that if the Payment Date is not a Business Day, payment is due on the next Business Day following that date. In the event any payments are due Buyer hereunder, payment to Buyer shall be made in accordance with this Section 7.2.
7.3. In the event payments become due pursuant to Sections 3.2 or 3.3, the performing party may submit an invoice to the nonperforming party for an accelerated payment setting forth the basis upon which the invoiced amount was calculated. Payment from the nonperforming party will be due five Business Days after receipt of invoice.
7.4. If the invoiced party, in good faith, disputes the amount of any such invoice or any part thereof, such invoiced party will pay such amount as it concedes to be correct; provided, however, if the invoiced party disputes the amount due, it must provide supporting documentation acceptable in industry practice to support the amount paid or disputed without undue delay. In the event the parties are unable to resolve such dispute, either party may pursue any remedy available at law or in equity to enforce its rights pursuant to this Section.
7.5. If the invoiced party fails to remit the full amount payable when due, interest on the unpaid portion shall accrue from the date due until the date of payment at a rate equal to the lower of (i) the then-effective prime rate of interest published under “Money Rates” by The Wall Street Journal, plus two percent per annum; or (ii) the maximum applicable lawful interest rate.
7.6. A party shall have the right, at its own expense, upon reasonable Notice and at reasonable times, to examine and audit and to obtain copies of the relevant portion of the books, records, and telephone recordings of the other party only to the exten...
BILLING, PAYMENT, AND AUDIT. 13.1 On or before the tenth calendar day following the Month of deliveries of Gas hereunder, Seller shall deliver to Buyer an invoice for the preceding Month properly identified as per the Contract (or applicable Confirmation) showing the total quantity of Gas delivered, the amount due, and other pertinent information. If the actual quantity delivered is not available by the contractual billing date, billing will be prepared based on the Scheduled quantities. The Scheduled quantity will then be corrected to the actual quantity on the following Month's billing or as soon thereafter as actual delivery information is available.
BILLING, PAYMENT, AND AUDIT. Add the following at the end of Section 7.7: “For Retail Access Supply Transactions, Netting between Daily Balancing Program and Monthly Balancing Program shall apply within the Month of delivery.”
BILLING, PAYMENT, AND AUDIT. 7 is amended by adding the following phrase to the end of the first sentence: “provided further, however, that the Party due payment under Section 7.3 may net all undisputed sums due thereunder against any amounts payable by it when making payments under Section 7.”
BILLING, PAYMENT, AND AUDIT. 6.1. Utility shall invoice Customer in accordance with the rate selected by Customer in the RPAC or OSD form and for any other applicable charges, providing supporting documentation acceptable in industry practice to support the amount charged. If the actual quantity delivered is not known by the billing date, billing will be prepared based on the quantity of Scheduled Gas.
6.2. Customer shall remit the amount due in accordance with the provisions set forth in the Master Services Contract between Utility and Customer and Utility’s Rule No. 9, Discontinuance of Service. If a Customer disputes a Utility bill, the disputed amount will be deposited with the CPUC pending resolution of the dispute under existing Commission procedures. No termination of participation will occur for this dispute while the Commission is hearing the matter.
6.3. In the event any payments are due Customer hereunder, payment to Customer shall be made in accordance with Section 6.2. above.
BILLING, PAYMENT, AND AUDIT. Seller shall invoice Buyer for Gas delivered and received in the preceding Month and for any other applicable charges, providing supporting documentation acceptable in industry practice to support the amount charged. If the actual quantity delivered is not known by the billing date, billing will be prepared based on the quantity of Scheduled Gas. The invoiced quantity will then be adjusted to the actual quantity on the following Month's billing or as soon thereafter as actual delivery information is available.
BILLING, PAYMENT, AND AUDIT. Section 7.1 is deleted in its entirety and replaced with the following:
7.1 Buyer will be billed for natural gas usage and related products and services supplied under the Contract in one of the following ways based on availability and eligibility of each Facility, which may change from time to time: (i) Dual Billing: Buyer will receive two invoices, one from CESNG for the natural gas supply and one from the utility for the amounts payable by Buyer for services provided by the utility (“Delivery Charges”); (ii) CESNG Consolidated Billing: Buyer will receive one invoice from CESNG that includes both the natural gas supply charges and the Delivery Charges. In the case of CESNG Consolidated Billing, Buyer agrees that (i) Buyer remains exclusively liable to the utility for all Delivery Charges, (ii) CESNG has no obligation to review Delivery Charges for accuracy, (iii) should Buyer dispute Delivery Charges, that is a matter for Buyer and the utility to resolve without any involvement or obligation on the part of CESNG, and (iv) CESNG may withhold any payments due to the utility if Buyer fails to pay CESNG invoices in accordance with this Contract. If the actual quantity of Gas delivered is not known by the invoice date, invoices will be prepared based on estimated meter data or other estimated information. The invoiced quantity will then be adjusted to the actual quantity on the following Month’s invoice or as soon thereafter as actual delivery information is available.Section 7.2 is deleted in its entirety and replaced with the following:
7.2 All amounts set forth in an invoice are payable to the party issuing the invoice and will include, in addition to the natural gas supply charges, Delivery Charges, and Taxes, all other amounts related to the purchase and delivery of natural gas. CESNG’s invoices will be sent to Buyer in accordance with CESNG’s normal billing cycle, as adjusted from time to time. CESNG’s invoices are due and payable on the Payment Date set forth on the cover page of the Base Contract, or such other date as set forth in a Rider, without offset or reduction of any kind, to the address set forth on the invoice; provided that if the Payment Date is not a Business Day, payment is due on the next Business Day following that date.
BILLING, PAYMENT, AND AUDIT. In the first sentence of Section 7.2 delete the words “the later of”. In Section 7.7 add the following after the words “subject to netting under this Section” at the end of the first sentence: “provided further, however, that the party due payment under Section 7.3 may net all sums due thereunder against any amounts payable by it when making payments under Section 7.”
BILLING, PAYMENT, AND AUDIT. In Section 7.6, add the following at the end of the next to last sentence before the “.”: “; provided, however, that the finality of all invoices and bxxxxxxx shall not apply to Taxes or any adjustments made by Transporter(s) under the terms of its applicable tariff, and the responsible party under the Contract shall continue to be responsible for such amounts”. In Section 7.7 delete “or pursuant to Section 7.3” in the fourth line .
BILLING, PAYMENT, AND AUDIT is amended by inserting the words “On or before the 15th calendar day of the month,” at the beginning of the first sentence thereof.
