Kinder Morgan Interstate Gas Transmission LLC
Second Revised Volume No. 1-D
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Effective Date: 12/28/1999, Docket: GT00- 19-000, Status: Effective
Original Sheet No. 37 Original Sheet No. 37 : Effective
GENERAL TERMS AND CONDITIONS FOR SERVICES - continued
22.7 CREDITWORTHINESS
Transporter shall not be required to perform or to continue
service under any Buffalo Wallow Rate Schedule for any Shipper who
is or has become insolvent or who, at Transporter's request, fails
within a reasonable period to demonstrate credit worthiness;
provided, however, such Shipper may receive service if Shipper
prepays for such service or furnishes good and sufficient
security, as determined by Transporter in its reasonable
discretion, in an amount equal to the cost of performing the
service requested by Shipper for a three (3) month period. Such
cost of performing the service shall include, but not be limited
to, the projected cost of transporting Shipper's gas or the
equivalent of the cost of gas owed Transporter by the Shipper
under an imbalance. For purposes herein, the insolvency of a
Shipper shall be evidenced by the filing by Shipper, or any parent
entity thereof, of a voluntary petition in bankruptcy or the entry
of a decree or order by a court having jurisdiction in the
premises adjudging the Shipper bankrupt or insolvent, or approving
as properly filed, a petition seeking reorganization, arrangement,
adjustment or composition of 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.
22.8 INCIDENTAL PURCHASE AND SALE
From time to time, Transporter may be required to purchase or sell
gas in order to properly maintain the operation of the Buffalo
Wallow System. Any purchase or sale of gas and the price to be
paid for the gas will be posted on the electronic bulletin board
for at least two (2) business days prior to the actual purchase.