Young Gas Storage Company, Ltd.
Original Volume No. 1
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Effective Date: 08/01/2010, Docket: RP10-921-000, Status: Effective
Seventh Revised Sheet No. 62 Seventh Revised Sheet No. 62
Superseding: Sixth Revised Sheet No. 62
GENERAL TERMS AND CONDITIONS
(Continued)
4.3 Right of First Refusal (Continued)
(e) Continuation If No Firm Agreement Is Executed. If the existing
Shipper declines to match a superior competing offer, and a
firm agreement is not executed for the subject capacity on or
before expiration of the existing Shipper's firm agreement,
the existing Shipper shall have the right to continue service
at Transporter's maximum Tariff rates, for an agreed term
between the Parties. If the existing Shipper declines to
continue service as of the date of contract expiration, or if
the Parties are unable to reach agreement on the term of
extension, then Shipper's rights to the subject capacity shall
terminate as if the existing Shipper had given notice of
intent to terminate its firm agreement.
(f) Right of First Refusal Clause in Firm Agreement. Transporter
and Shipper may agree to include a right of first refusal
rollover or evergreen clause in their firm agreement. The
contractual right of first refusal, rollover or evergreen
clause would allow the Shipper to exercise a right of first
refusal in situations where the regulatory right would not
apply. In such case, Shipper may rely on its contractual
rights in lieu of the regulatory right of first refusal.
4.4 Amendment. The Agreement shall be amended only by an instrument
executed by both Parties in writing.
4.5 Creditworthiness. Transporter shall not be required to commence
service or to continue to perform service under Rate Schedules FS-1
or IS-1 for any Shipper who fails to demonstrate creditworthiness as
reasonably determined by Transporter. Transporter's determination of
creditworthiness shall be based upon a review of Shipper's financial
statements, bank references, trade references, and such other
information relating to Shipper's financial status, obligation
payment history, and other relevant factors as may be necessary to
satisfy Transporter that Shipper is creditworthy. Upon Shipper's
request, Transporter shall provide a written explanation of any
credit limitation applied to Shipper. Transporter may require
Shipper to deposit with Transporter and maintain, on prepaid
account, or to establish and maintain an escrow account or to
furnish a letter of credit in an amount equal to Transporter's
estimate of 2 Months of charges for performing such service at the
level of Shipper's Maximum Daily Withdrawal Quantity or to furnish
within 15 days, good and sufficient security, as determined solely
by Transporter, of a continuing nature and in an amount equal to
Transporter's estimate of 2 months of charges for performing said
service at the level of Shipper's Maximum Daily Withdrawal Quantity
and/or Maximum Available Capacity, or may require such other
measures as Transporter may specify.