White River Hub, LLC
Original Volume No. 1
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Effective Date: 11/01/2008, Docket: RP08-645-000, Status: Effective
Original Sheet No. 99 Original Sheet No. 99
GENERAL TERMS AND CONDITIONS
(Continued)
(e) Notwithstanding the provisions of Section 8.1(b), above, in
the event White River constructs new facilities to provide service, in whole
or in part, to a Shipper, White River may require from the Shipper security in
an amount up the Shipper's pro rata share of the cost of such facilities.
Security hereunder may be in any of the forms available under Section 8.1(b)
of these General Terms and Conditions, at Shipper's choice. White River is
only permitted to recover the cost of facilities once, either through rates or
through this provision. As White River recovers the cost of these facilities
through its rates, the security required shall be reduced accordingly. Where
facilities are constructed to serve multiple Shippers, an individual Shipper's
obligation hereunder shall be for no more than its proportionate share of the
cost of the facilities. This provision is in addition to and shall not
supersede or replace any other rights that White River may have regarding the
construction and reimbursement of facilities.
(f) White River shall not take any action under this Section 8.1
which conflicts with any order of the U.S. Bankruptcy Court.
8.2 Deterioration of Credit.
(a) (i) If at any time White River reasonably determines,
based on adequate information available to it, that a Shipper is no longer
creditworthy under this Section 8 of these General Terms and Conditions, or if
Shipper fails to maintain assurance of future performance under this Section 8
of these General Terms and Conditions, White River may notify such Shipper in
writing (which writing shall set forth the basis for White River's decision)
that it has five (5) Business Days to provide White River with security
consistent with this Section 8 of these General Terms and Conditions. Such
security shall be adequate to cover all charges for one Month's advance
service.
(ii) In addition, within thirty (30) Days after such
notification, the Shipper must fully comply with the means for adequate
assurance of future performance, covering three (3) full Months of advance
service from the end of such 30-Day notice period, as provided under this
Section 8 of these General Terms and Conditions. If the Shipper has not
satisfied the requirements in either of the prior two (2) sentences by the end
of the specified notice period, White River may immediately suspend service to
Shipper. White River may terminate service once it has complied with the
procedures set forth further in this Section below, including the requisite
prior notice.