Wyckoff Gas Storage Company, LLC
Original Volume No. 1
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Effective Date: 12/31/9999, Docket: RP09- 444-000, Status: Accepted
Original Sheet No. 13 Original Sheet No. 13
GENERAL TERMS AND CONDITIONS
SECTION 1. DEFINITIONS
1.1 “Authorized Overrun Quantities” means quantities of Gas
which Transporter agrees, in its sole discretion, to inject or withdraw
for Shipper, in excess of shipper’s Maximum Daily Injection
Quantity/Maximum Daily Withdrawal Quantity or Maximum Hourly Injection
Quantity/Maximum Hourly Withdrawal Quantity, as established in Appendix
A of Shipper’s Service Agreement.
1.2 “Base Gas” means the gas required in the storage reservoir
necessary to provide the pressure to cycle the working storage volumes,
as set forth in the Service Agreement.
1.2a “Creditworthiness” means that Transporter believes, in its
sole judgment, after review of Customer's and/or Customer's Credit
Support Provider's financial situation and/or any and all other
information available, (i) that Customer will fully, timely and
faithfully perform all obligations under all Service Agreements and/or
(ii) that Customer's Credit Support Provider's guarantee fully secures
such obligations and is enforceable by Transporter against such Credit
Support Provider and that such Credit Support Provider will fully,
timely and faithfully perform under such guarantee.
1.3 “Day” shall mean a period of twenty-four (24) consecutive
hours beginning and ending at 9:00 AM central clock time (C.T.)
including Saturdays, Sundays and Federal Banking Holidays, except that
in the event that an obligation falls due on a Saturday, Sunday or
Federal Banking Holiday the obligation shall be due on the next
1.4 “Facility” means the structure and facilities to be
designed and constructed by Transporter for purposes of providing the
Service(s) contemplated by the Service Agreement.
1.5 “Force Majeure” means an event of Force Majeure as
specified in Section 5.
1.6 “Fuel Retention” means the amount of Shipper’s Gas tendered
for injection which is retained by Transporter as reimbursement for
compressor fuel used in the provision of service provided in
conjunction with the Service Agreement, as set forth in the Service
1.7 “Gas” means natural gas of a quality at least equal to the
quality specified in Section 5.
1.8 “Interruptible Storage Balance” means the quantity of Gas
in Shipper’s account under Rate Schedule ISS.
1.9 “Material Adverse Change” means a material change to (i)
the business, property, condition (financial or otherwise), results of
operations, or prospects of Shipper or any Shipper Credit Support
Provider, including bankruptcy or other insolvency proceeding; (ii) a
downgrade in Shipper’s or Shipper’s Credit Support Provider’s credit
rating, as established by Standard & Poor’s or Moody’s Investments
Services, Inc.; or (iii) the validity or enforceability of the Service
Agreement(s), any Shipper guaranty, or the rights or remedies of