Arlington Storage Company, LLC

Original Volume No. 1

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Effective Date: 08/24/2009, Docket: RP09-872-000, Status: Effective

Original Sheet No. 109 Original Sheet No. 109

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

 

(5) If Prospective Customer has an on-going business relationship with ASC, no delinquent

balances shall be outstanding for services ASC shall have previously performed and

Customer shall have paid its account in the past according to the established terms

and not made deductions or withheld payment for claims not authorized by contract;

 

(6) Prospective Customer shall confirm in writing that no significant collection lawsuits

or judgments are outstanding which would seriously reflect upon the business entity's

ability to remain solvent;

 

(7) For prospective Customers that are state-regulated local distribution companies,

documentation provided by each state regulatory commission (or equivalent authority)

having jurisdiction over the local distribution company's rates establishing the

existence and effectiveness of an authorized gas cost recovery mechanism which

(x) provides for full recovery of both gas commodity and transportation capacity

costs and (y) is afforded regulatory asset accounting treatment in accordance with

Generally Accepted Accounting Principles;

 

(8) A Statement of prospective Customer's legal composition and a statement of the

length of time Customer's business has been in operation; and

 

(9) Such other information as may be mutually agreed to by ASC and prospective Customer.

 

(h) In the event prospective Customer cannot provide the information specified in

Section 3.3(g) above, it shall, if applicable, provide that information for its

parent company.

 

(i) ASC shall not be required to perform or to continue service under any Rate Schedule

on behalf of any Customer or prospective Customer which is or has become insolvent

or which, at ASC's request, fails to demonstrate creditworthiness in accordance

with Section 3.3(g), and ASC may take such action as is permitted in Section 28.2

of these General Terms and Conditions; provided, however, that such Customer or

prospective Customer may receive service under any Rate Schedule if it provides

Financial Assurances pursuant to Section 31. For purposes of this Section 3.3(i),

the insolvency of a Customer or prospective Customer shall be conclusively

demonstrated by the filing by Customer, or any parent entity thereof or guarantor

of Customer, of a voluntary petition in bankruptcy or the entry of a decree or

order by a court having jurisdiction in the premises adjudging the Customer,

or any parent entity thereof or guarantor of Customer, bankrupt or insolvent,

or approving, as properly filed, a petition seeking reorganization, arrangement,

adjustment or composition of or in respect of the Customer, or any parent entity

thereof or guarantor of Customer, under the U.S. Bankruptcy Code or any other

applicable federal or state