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.