Ozark Gas Transmission, L. L. C.

Original Volume No. 1

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Effective Date: 11/01/1998, Docket: CP98-266-005, Status: Effective

Substitute Original Sheet No. 49 Substitute Original Sheet No. 49 : Effective

 

 

RATE SCHEDULE ITS (continued)

 

7. ESTABLISHMENT AND MAINTENANCE OF CREDIT

 

Transporter shall not be required to commence service or to

continue to perform service under this Rate Schedule ITS 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, or information relating to Shipper's financial

status and obligation payment history. Upon Shipper's

request, Transporter shall provide a written explanation of

any credit limitation applied to Shipper. Transporter may

require Shipper to maintain throughout the term of the ITS

Agreement either (a) a prepaid account with Transporter, (b)

an escrow account, (c) a letter of credit, or (d) such other

good and sufficient security as reasonably determined by

Transporter in an amount not exceeding Transporter's estimate

of three (3) Months of transportation charges calculated at

Shipper's MDQ. Transporter will also permit another entity to

guarantee Shipper's obligations, provided that the guarantor

has sufficient credit available, as determined by Transporter.

Transporter may, without waiving any rights or remedies it may

have, suspend further service until such acceptable security

is received by Transporter. Upon Shipper's establishment of

an acceptable credit record or upon expiration of an executed

ITS Agreement, Transporter shall refund Shipper's deposit with

interest accrued at rates set pursuant to 18 C.F.R. 154.501

of the Commission's Regulations.

 

8. FORCE MAJEURE

 

8.1 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 ITS Agreement,

other than to make payments when due, and if such party

gives notice in the form set forth in an executed ITS

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 an executed ITS Agreement; provided, however, such

force majeure condition shall be remedied with all

reasonable dispatch. Settlement of labor difficulties

shall be strictly within the discretion of the party

having the difficulty.

 

8.2 Force Majeure Defined. Without limitation by this

recital, force majeure shall include acts of God; acts of

a public enemy; fires; necessity for compliance with any

court order, law, regulation or ordinance of authorities

having jurisdiction, either