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.