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. 34 Original Sheet No. 34

 

misconduct on the part of any arbitrator, be final, non-appealable, and

binding on the Parties hereto. Each Party shall pay the expenses of the

arbitrator selected by or for it and all other costs of the arbitration

shall be equally divided between the Parties hereto.

 

15.2 ARBITRATION DISCLOSURE. UNLESS OTHERWISE PROVIDED

HEREIN. ANY CONTROVERSY OR CLAIM ARISING OUT OF. OR RELATING TO, THE

SERVICE AGREEMENT, OR THE MAKING. PERFORMANCE OR INTERPRETATION

THEREOF. SHALL BE SETFLED BY ARBITRATION IN NEW YORK IN ACCORDANCE WITH

THE THEN EXISTING RULES OF THE AMERICAN ARBITRATION ASSOCIATION, AND

THE JUDGEMENT ON THE ARBITRATION AWARD MAY BE ENTERED IN ANY COURT

HAVING JURISDICTION OVER THE SUBJECT MATTER OF THE

CONTROVERSY.Injunctive Relief and Specific Performance. Either Party

may at any time commence and prosecute a proceeding in any court of

competent jurisdiction (a) for a preliminary or temporary injunction or

other temporary order pending arbitration under the Service Agreement,

or (b) for an order of specific performance of the Service Agreement to

require performance in accordance with any arbitration decision.

 

SECTION 16. CHOICE OF LAW

 

Unless otherwise specifically stated in the Service Agreement,

interpretation of the provisions of all Service Agreements or other

agreements entered into between Shipper and Transporter, including any

provisions of this Tariff related to such agreements, and any disputes

arising from such agreements, shall be governed by the law of the state

of New York.

 

 

SECTION 17. CREDITWORTHINESS

 

17.1. Evaluation of Creditworthiness

 

(a) Transporter shall apply, on a non-discriminatory

basis, consistent financial evaluation standards to determine the

Creditworthiness (as defined in Section 1.2a) of a Shipper or Potential

Shipper (collectively, “Customer”). Transporter shall not use any

criteria, formula, ranking system or other methodology that would give

any preference or advantage to an Affiliate of Transporter.

Transporter will not be obligated to provide service and may suspend

and/or terminate (according to the terms of this Gas Tariff) on-going

service to any party that fails, in Transporter’s sole judgment, to

demonstrate Creditworthiness. Each party requesting service under this

Gas Tariff is aware that (i) Transporter shall have the right to

propose, file and make effective with the FERC revisions to this Gas

Tariff for the purpose of changing the provisions of this Section

without prior notice to a Customer, provided that no such revision will

effect any Service Agreement currently existing at the time such

revision is made effective, (ii) Transporter’s Creditworthiness

requirements may vary depending on the services provided or to be

provided, (iii) Transporter reserves the right to set credit limits and

to vary those limits from time to time at Transporter’s sole direction,

and (iv) Transporter may request additional credit information or an

update of existing credit information on an on-going basis during the

term of a Service Agreement and, contemporaneous with such request,

Transporter shall provide its reason(s) for requesting the additional

information.

 

(b) Transporter will promptly provide notification, in

writing, to a Customer of Transporter’s determination regarding such

party's Creditworthiness. If Customer is determined to not be

Creditworthy, Transporter will inform Customer in writing of the

reasons for such determination. Customer may initiate a

Creditworthiness re-evaluation by Transporter. As part