Petal Gas Storage, L. L. C.
Original Volume No. 1
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Effective Date: 01/09/2010, Docket: RP10-229-000, Status: Effective
Third Revised Sheet No. 107 Third Revised Sheet No. 107
Superseding: Second Revised Sheet No. 107
GENERAL TERMS AND CONDITIONS (continued)
condition of insolvency, or which could impair the
ability of the Customer to continue to exist as an
ongoing business entity.
(v) If Customer has an ongoing business relationship with
Petal, no delinquent balances shall be consistently
outstanding for natural gas storage and transportation
services provided previously by Petal. Customer shall
have paid its account for past periods according to
established contract terms, not having made deductions
or withheld payment not authorized by contract.
(vi) No significant collection lawsuits or judgments shall be
outstanding which would seriously reflect upon the
business entity's ability to remain solvent.
(g) Petal may monitor Customer's creditworthiness on an ongoing basis
throughout the term of Customer's service agreement(s), including
monitoring Customer's compliance with Section 3.4(iii) through
(vi) above. Petal shall not be required to perform or continue
service under any Rate Schedule on behalf of any Customer who is
or has become insolvent or who fails to demonstrate
creditworthiness within a reasonable period of time. At any time
during the term of Customer's service agreement, Petal may, upon
reasonable notice, require that Customer provide additional
credit information, including updates of the materials described
in Section 3.4(f)(i), (ii) and (iii). If a Customer fails to
demonstrate creditworthiness at the time Customer makes its
service request, or at any time during the term of Customer's
service agreement, such Customer may still obtain or continue to
receive service hereof if it provides to Petal one of the
following: (i) a standby irrevocable letter of credit drawn upon
a bank acceptable to Petal, in an amount acceptable to Petal;
(ii) a security interest in collateral provided by the Customer
found to be satisfactory to Petal; or (iii) guarantee of
performance of all Petal's obligations by a person or entity
which does satisfy the credit appraisal.
3.5 Subsequent Information
(a) If any of the events or actions described in Sections 3.4(f)(iii),
3.4(f)(iv) and 3.4(f)(vi) above, shall be initiated or imposed
during the term of service under a storage or transportation
service agreement, Customer shall provide notification to Petal
within two working days of any such initiated or imposed event or
action. Customer shall also promptly provide such additional
Customer credit information as may be reasonably required by
Petal, at any time during the term of service under a storage or
transportation service agreement, to determine Customer's
creditworthiness.
(b) After receipt of a request for service, Petal may require that
Customer furnish additional information as a prerequisite to
Petal offering to execute a storage or transportation service
agreement with Customer. Such information may include proof of
Customer's lawful right and title to cause the gas to be