Liberty Gas Storage, LLC
Original Volume No. 1
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Effective Date: 04/15/2007, Docket: RP07-357-000, Status: Effective
Original Sheet No. 106 Original Sheet No. 106 : Effective
GENERAL TERMS AND CONDITIONS
(d) Quantity requested:
(1) MDIQ, MDWQ and MSQ Requested (stated in Dth).
(2) MDRQ (stated in Dth/Day) for each Transporter.
(3) MDDQ (stated in Dth/Day) for each Transporter.
(e) Price offered by the prospective Customer for each service requested.
(f) Term of service, including the date service is requested to commence
and the date service is requested to terminate.
(g) Evidence of creditworthiness. Acceptance of a service request and/or
continuation of service is contingent upon Liberty's completion of a credit
appraisal it deems satisfactory in accordance with the criteria set forth in
this Section. To enable Liberty to conduct such credit appraisal, a
prospective Customer shall submit the following information, to the extent such
information is applicable to such prospective Customer; provided, however, that
Liberty's receipt of such material shall not be deemed acceptance of a request
for service, which acceptance shall be made only after Liberty's receipt of the
material and information set forth below and a determination by Liberty that
the prospective Customer is sufficiently creditworthy. Liberty shall maintain
the confidentiality of any non-public information received from a prospective
Customer pursuant to this Section. A prospective Customer shall be deemed
creditworthy if the prospective Customer has an Acceptable Credit Rating, as
defined in Section 32 of these General Terms and Conditions, or if the
prospective Customer satisfies Liberty's credit appraisal criteria based on an
evaluation of the material provided by prospective Customer pursuant to this
Section. Upon a determination by Liberty that a prospective Customer is not
creditworthy, if requested by the prospective Customer, Liberty will provide a written
explanation of the basis for its determination within five (5) days of such request.
(1) Prospective Customer shall provide current audited financial
statements, annual reports, 10-K reports, interim financial statements with
attestation by the Chief Financial Officer (or equivalent) that such statements
are a true, correct and fair representation of financial condition prepared in
accordance with Generally Accepted Accounting Principles and other filings with
regulatory agencies which discuss the prospective Customer's financial status,
a list of all corporate affiliates, parent companies and subsidiaries, and any
reports from credit reporting and bond rating agencies which are available;
(2) Prospective Customer shall provide a bank reference and at least two
trade references. The results of reference checks and any credit reports must
show that the prospective Customer's obligations are being paid on a reasonably
prompt basis;
(3) Prospective Customer shall confirm in writing that it is not operating
under any chapter of the bankruptcy laws and is not subject to liquidation or
debt reduction procedures under state laws, such as an assignment for the
benefit of creditors, or any informal creditors' committee agreement. An
exception can be made for a prospective Customer that is a debtor in possession
operating under Chapter XI of the U.S. Bankruptcy Code but only with adequate
assurance that the service billing will be paid promptly as a cost of
administration under the bankruptcy court's jurisdiction;