Oktex Pipeline Company

Original Volume No. 1

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Effective Date: 09/01/2005, Docket: RP05-511-000, Status: Effective

Third Revised Sheet No. 37 Third Revised Sheet No. 37 : Effective

Superseding: Second Revised Sheet No. 37

XXIV. INCORPORATION IN RATE SCHEDULES AND GAS TRANSPORTATION CONTRACTS

 

These General Terms and Conditions are incorporated in and are a part of Transporter's Rate Schedules and

gas transportation contracts.

 

XXV. SERVICE AGREEMENT

 

Shipper(s) shall enter into a contract with Transporter in the form of a service agreement which will be

filed with the FERC. The service request form and executed service contract, including the effective

Exhibits 1 and 2, together with these General Terms and Conditions and applicable rate schedules, shall

constitute the entire agreement between the parties for gas transportation service and shall only be modified

in writing.

 

XXVI. CREDIT WORTHINESS

 

Oktex may initiate a credit worthiness re-evaluation for any shipper.

Transporter shall not be required to initiate service on behalf of any Shipper or perform or, subject to

the receipt of any necessary regulatory authorization, to continue service on behalf of any Shipper who is or

has become insolvent or who, at Transporter's request, fails within a fifteen (15) day period to demonstrate

credit worthiness, provided, however, Shipper may receive service if Shipper prepays for such service or

furnishes good and sufficient security (as determined by Transporter in the exercise of reasonable

discretion) in an amount equal to the cost of performing the service requested by Shipper for a two (2) month

period. For the purpose of this section, the insolvency of a Shipper shall be evidenced by the filing by

Shipper or any parent entity thereof (for purposes of this Section XXVI referred to collectively as

"Shipper") of a voluntary petition in bankruptcy or the entry of a decree or order by a court having

jurisdiction over the premises adjudging Shipper bankrupt or insolvent or approving, as properly filed, a

petition seeking reorganization, arrangement, adjustment or composition or in respect of the Shipper under

the Federal Bankruptcy Act or any other applicable federal or state law 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. OkTex will comply with NAESB

Stansards 0.3.3 through 0.3.10.