Hardy Storage Company, LLC

Original Volume No. 1

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Effective Date: 07/06/2007, Docket: RP07-480-000, Status: Effective

First Revised Sheet No. 94 First Revised Sheet No. 94 : Effective

Superseding: Original Sheet No. 94

GENERAL TERMS AND CONDITIONS (Cont’d)

 

9.6 Loss of Creditworthiness

 

(a) Seller may at any time re-evaluate the

creditworthiness of Customer and demand adequate assurance of payment

or additional adequate assurances of payment if Seller determines that

Customer has in any respect become uncreditworthy. Circumstances under

which Seller may re-evaluate Customer’s creditworthiness include, but

are not limited to, a filing by Customer for bankruptcy or a submission

to bankruptcy or similar federal or state proceedings, an adverse

change in Customer’s payment practices, a reorganization of Customer’s

business structure, an assignment of Customer’s contracts, or a request

by Customer for increased service. If Seller, following such a re-

evaluation, makes an adverse preliminary creditworthiness

determination, and Customer is current in its payments to Seller and

otherwise has a good credit history with Seller, Customer will be given

notice of such adverse determination and be allowed ten (10) days to

submit data demonstrating its continued creditworthiness before Seller

will make a final determination of creditworthiness and, if adverse,

demand adequate assurance of payment. Seller may at any time withdraw

or revise its demand for adequate assurance of payment or extend its

due date.

 

(b) If the Seller requests additional information to be

used for credit evaluation after the initiation of service, the Seller,

contemporaneous with the request, should provide its reason(s) for

requesting the additional information to the Customer and designate to

whom the response should be sent. The Seller and the Customer may

mutually agree to waive the requirements of this standard.

 

(c) Upon receipt of either an initial or follow-up

request from the Seller for information to be used for creditworthiness

evaluation, the Customer’s authorized representatives(s) should

acknowledge receipt of the Seller’s request. The Seller and the

Customer may mutually agree to waive the requirements of this standard.

 

(d) The Customer’s authorized representative(s) should

respond to the Seller’s request for credit information, as allowed by

the Seller’s tariff, on or before the due date specified in the

request. The Customer should provide all the credit information

requested by the Seller or provide the reason(s) why any of the

requested information was not provided.

 

(e) Upon receipt from the Customer of all credit

information provided pursuant to the applicable NAESB WGQ standards,

the Seller should notify the Customer’s authorized representative(s)

that it has received such information. The Seller and the Customer may

mutually agree to waive the requirements of this standard.