Steuben Gas Storage Company
Original Volume No. 1
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Effective Date: 06/27/1996, Docket: CP96- 35-002, Status: Effective
Original Sheet No. 152 Original Sheet No. 152 : Effective
GENERAL TERMS AND CONDITIONS
(Continued)
rights as Seller under the Agreement, and that upon the
request of Seller, such Customer shall execute and deliver a
consent and agreement reasonably satisfactory to Seller
consenting to the collateral assignment by Seller to its
lenders of the Agreement in conformance with the terms of
Seller's financing commitments, and shall provide an opinion
of counsel opining to such matters as Seller may reasonably
request and/or such certificates as Seller may reasonably
request, which opinion and/or certificates shall be delivered
to Seller's lenders in conformance with the terms of Seller's
financing commitments.
11.5 Creditworthiness. Seller shall not be required to commence
service or, subject to the following provisions, to continue
to provide service and may terminate a Agreement with any
Customer under Rate Schedule FS with a primary term of one
year or less and Service Agreements under Rate Schedule IS,
if:
(1) Customer is or has become insolvent;
(2) Customer has applied for bankruptcy under Chapter
11 of the Bankruptcy Code, or which is subject to
similar proceedings under State or Federal law; or
(3) Customer fails to provide to Seller a bank
reference and at least two trade references which
indicate that Customer's obligations are being
paid on a prompt basis provided, however, that any
such Customer that is receiving service shall
continue to receive service for a period of
fifteen (15) Days after written notice by Seller
of any such circumstance, and shall continue
thereafter to receive service if, within such
fifteen (15) Day notice period, such Customer:
(i) deposits with Seller and maintains, on
account, an amount which would be due for
three (3) Months service at the full
contract quantities set forth in the
Service Agreement; or