Westgas Interstate, Inc.

First Revised Volume No. 1

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Effective Date: 09/01/1993, Docket: RS92- 89-002, Status: Effective

Original Sheet No. 56 Original Sheet No. 56 : Effective

 

GENERAL TERMS AND CONDITIONS

 

18. CREDITWORTHINESS AND BANKRUPTCY

 

18.1 Transporter shall not be required to initiate,

perform or to continue any transportation service under

any rate schedule for Shipper if Shipper is or has

become insolvent or, fails within 30 days of

Transporter's request for credit information to

demonstrate creditworthiness.

 

18.2 For the purpose of this 18, Shipper's lack of

creditworthiness may be shown by:

 

(a) A credit report from a credit reporting agency

which shows that Shipper does not pay its commercial

obligations within a reasonable period; or

 

(b) Other information that shows that Shipper does

not have the financial ability to pay for the

service requested; or

 

(c) Any act of insolvency on the part of Shipper.

 

18.3 Notwithstanding subparagraph (a), if Shipper is

found to lack creditworthiness, Shipper may receive

service if it prepays for such service or furnishes a

letter of credit or other 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 up to a 3-month period.

 

18.4 The inability of Shipper to pay for the requested

service or insolvency of Shipper may be evidenced by

the filing by Shipper or any parent or affiliated

company (collectively referred to in this paragraph as

"Shipper") of a petition in bankruptcy or the entry of

a decree or order by a court of competent jurisdiction

adjudging Shipper bankrupt or insolvent, or approving

as properly filed a petition seeking reorganization,

arrangement, adjustment or composition of Shipper's

debts under the federal Bankruptcy Act or any other

applicable federal or state law, or the appointment of

a receiver, liquidator, assignee, trustee, sequestrator

(or other similar official) of the assets of Shipper or

the winding-up or liquidation of Shipper's affairs.