Midwest Gas Storage, Inc.

First Revised Volume No. 1

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Effective Date: 05/15/1994, Docket: CP90-454-004, Status: Effective

Original Sheet No. 529 Original Sheet No. 529 : Effective

 

 

subject to the obligations of its predecessor in title

under this Agreement; and either party may assign or pledge

this Agreement under the provisions of any mortgage, deed

of trust, indenture, or similar instrument which it has

executed or may execute hereafter covering substantially

all of its properties; provided further, however, that

neither party shall be released from its obligations

hereunder without the consent in writing of the other

party.

 

12.5 Creditworthiness. Midwest shall not be required to

commence service or to continue to provide service under an

Agreement with any Shipper who is or has become insolvent

or who, when requested by Midwest to demonstrate

creditworthiness, fails to do so in light of previous

experience and information available; provided, however,

that Shipper may receive service if Shipper deposits with

Midwest and maintains, on prepaid account, an amount equal

to amounts which would be due for three (3) Months service

at the full Maximum Daily Withdrawal Quantity or to

furnish, within fifteen (15) Days, good and sufficient

security, as reasonably determined by Midwest, of a

continuing nature and in an amount equal to such amounts

which would be due. Midwest may, without waiving any

rights or remedies it May have, suspend further service

until such security is accepted by Midwest.

 

12.6 Interpretation of Laws. Any Agreement shall be

interpreted, performed and enforced in accordance with the

laws of the State of Indiana.

 

12.7 Regulations. Any Agreement, and all terms and provisions

herein, and the respective obligations of the parties

thereunder are subject to valid laws, orders, rules and

regulations of duly constituted authorities having

jurisdiction.

 

12.8 No Third Party Beneficiary. It is expressly agreed that

here is no Third Party Beneficiary or any Agreement, and

that the provisions of any Agreement and these General

Terms and Conditions do not impart enforceable rights in

anyone who is not a party or successor or assignee of any

party to an Agreement herein.