Pine Needle LNG Company, LLC
Original Volume No. 1
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Effective Date: 05/01/1999, Docket: CP96- 52-003, Status: Effective
Original Sheet No. 78 Original Sheet No. 78 : Effective
GENERAL TERMS AND CONDITIONS
(Continued)
22. CREDIT WORTHINESS (Continued)
22.1 (d) A written attestation from Customer that it is not subject
to the uncertainty of pending liquidation or regulatory
proceedings in state or federal courts which could cause a
substantial deterioration in its financial condition, which
could cause a condition of insolvency, or the ability to
exist as an ongoing business entity; and
(e) A written attestation from Customer that no significant
collection lawsuits or judgments are outstanding which would
seriously reflect upon the business entity's ability to
remain solvent.
22.2 (a) If Customer has an ongoing business relationship with Pine
Needle, no uncontested delinquent balances should be
outstanding for bills previously rendered by Pine Needle and
Customer must have paid its account during the past
according to the established terms and not made deductions
or withheld payment for claims not authorized by contract.
(b) Customer shall furnish Pine Needle at least annually, and at
such other time as is requested by Pine Needle, updated
credit information as specified in Section 22.1 for the
purpose of enabling Pine Needle to perform an updated credit
appraisal. In addition, Pine Needle reserves the right to
request such information at any time if Pine Needle is not
reasonably satisfied with Customer's credit worthiness or
ability to pay based on information available to Pine Needle
at that time.
(c) Pine Needle shall not be required to perform and shall have
the ability to suspend service for any Customer who is or
has become insolvent, fails to demonstrate credit worthiness
under Section 22.1, fails to timely provide information to
Pine Needle as requested in Section 22.1(b), or fails to
demonstrate ongoing credit worthiness as a result of credit
information obtained pursuant to Section 22.2(b); provided,
however, Customer may receive or continue to receive service
if Customer either (i) furnishes and maintains for the term
of the applicable service agreement a guaranty in form and
substance satisfactory to Pine Needle, executed by a person
Pine Needle deems credit worthy, of Customer's performance
of its obligations to Pine Needle, or (ii) furnishes other
form of security as Customer may agree to provide and as may
be acceptable to Pine Needle.