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. 110 Original Sheet No. 110

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

law, or appointing a receiver, liquidator, assignee, trustee, sequestrator (or other similar

official)of the Customer, or any parent entity thereof or guarantor of Customer, or of any

substantial part of their property, or the ordering of the winding-up or liquidation of their

affairs, with said order or decree continuing unstayed and in effect for a period of sixty

(60) consecutive days. ASC may not take any action under this Section 3.3(i) which conflicts

with any order of the U.S. Bankruptcy Court.

 

(j) ASC's determination of a Customer's or prospective Customer's

creditworthiness shall be subject to the following procedures:

 

(1) If ASC requests additional information to be used for credit evaluation after the

initiation of service, ASC, contemporaneous with the request, shall provide its reason(s)

for requesting the additional information to Customer and designate to whom the response

shall be sent. ASC and Customer may mutually agree to waive the requirements of this

standard.

 

(2) Upon receipt of either an initial or follow-up request from ASC for information to be

used for creditworthiness evaluation, Customer's or prospective Customer's authorized

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

 

(3) Customer's or prospective Customer's authorized representative(s) shall respond to ASC's

request for credit information, as allowed by ASC's tariff, on or before the due date

specified in the request. Customer or prospective Customer shall provide all the credit

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

was not provided.

 

(4) Upon receipt from Customer or prospective Customer of all credit information provided

pursuant to applicable NAESB WGQ standards, ASC shall notify the Customer's or prospective

Customer's authorized representative(s) that it has received such information. ASC and

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

 

(5) (i) Customer or prospective Customer shall designate up to two representatives who are

authorized to receive notices regarding the Customer's or prospective Customer's

creditworthiness, including requests for additional information, pursuant to the applicable

NAESB WGQ standards and shall provide to ASC the Internet e-mail addresses of such

representatives prior to the initiation of service.