Arlington Storage Company, LLC
First Revised Volume No. 1
Contents / Previous / Next / Main Tariff Index
Effective Date: 11/08/2009, Docket: RP10-67-000, 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 27.2
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 30. 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