Ozark Gas Transmission, L. L. C.

Original Volume No. 1

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Effective Date: 09/01/2008, Docket: RP08-458-001, Status: Pending

Substitute First Revised Sheet No. 34B Substitute First Revised Sheet No. 34B

Superseding: Original Sheet No. 56

 

RATE SCHEDULE FSS

FIRM STORAGE SERVICE (Continued)

 

(c) Credit/financial history: any credit information obtained

from banks or other third parties will be used in the overall

evaluation process.

 

9.3 For purposes of Section 9.1 of this Rate Schedule FSS, the

insolvency of a Shipper shall be evidenced by the filing by

Shipper or its parent of a voluntary petition in bankruptcy or the

entry of a decree or order by a court having jurisdiction

adjudging the Shipper as bankrupt or insolvent, or approving, as

properly filed, a petition seeking reorganization, arrangement,

adjustment or composition of or in respect to the Shipper under

applicable federal or state laws, or appointing a receiver,

liquidator, assignee, trustee, sequestrator (or other similar

official) of the Shipper or of any substantial part of its

property, or the ordering of the winding-up or liquidation of its

affairs, with said order or decree continuing unstayed and in

effect for a period of sixty (60) consecutive Days.

 

10. SCHEDULING OF RECEIPTS AND DELIVERIES

 

10.1 Scheduling is performed pursuant to Section 19 of

Transporter's General Terms and Conditions.

 

11. POINTS OF RECEIPT AND DELIVERY

 

11.1 The Point of Receipt and Point of Delivery under this Rate

Schedule FSS shall be as set forth in Shipper's Service Agreement.

 

12. FORCE MAJEURE

 

12.1 If by reason of force majeure either Transporter or Shipper

is rendered unable, wholly or in part, to carry out its

obligations under an executed FSS Service Agreement, other than to

make payments when due, and if such party gives notice in the form

set forth in an executed FSS Service Agreement and reasonably full

particulars of such force majeure condition within a reasonable

time after the occurrence of the cause relied on, the party giving

such notice, so far as and to the extent that it is affected by

such force majeure, shall be excused from performance under the

FSS Service Agreement; provided, however, such force majeure

condition shall be remedied with TF0355 10010P128First

Revised Sheet No. 55

SHEET NO. 55 IS RESERVED FOR FUTURE USE