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.