MidContinent Express Pipeline LLC

Original Volume No. 1

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Effective Date: 04/10/2009, Docket: RP09-136-000, Status: Effective

Original Sheet No. 182 Original Sheet No. 182

 

GENERAL TERMS AND CONDITIONS

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the new facilities or as otherwise mutually agreed by MEP and

Shipper. 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

requirement is in addition to and shall not supersede or replace any

other rights that MEP may have regarding the construction and

reimbursement of facilities.

 

(e) MEP may not take any action under this Section

12.1 which conflicts with any order of the U.S. Bankruptcy Court.

 

12.2 (a) (1) If at any time MEP reasonably determines

based on adequate information available to it that a Shipper is not

creditworthy under Section 12.1(a) of these General Terms and

Conditions or if Shipper fails to maintain assurance of future

performance under Section 12.1(b) of these General Terms and

Conditions, MEP may notify such Shipper in writing that it has five

(5) Business Days to provide MEP with security consistent with

Section 12.1(b) of these General Terms and Conditions which is

adequate to cover all charges for one Month's advance service;

provided, however, that MEP shall not be authorized to send such a

notice to any Shipper which meets criteria for satisfying credit

requirements set out in Section 12.1(a)(3). In addition, within

thirty (30) days after such notification, the Shipper must fully

comply with the means for adequate assurance of future performance,

covering the full level of collateral provided for under Section

12.1(b) of these General Terms and Conditions. If the Shipper has not

satisfied the requirements in either of prior two (2) sentences by

the end of the specified prior notice period, MEP may immediately

suspend service to Shipper. MEP may terminate service if it has

complied with the procedures in Section 12.2(d) of these General

Terms and Conditions.

 

(2) If MEP does not have sufficient information

to determine whether Shipper is creditworthy, it may request

additional information in writing from the Shipper consistent with

Section 12.1(a) of these General Terms and Conditions, and Shipper

must provide such information within five (5) Business Days.

 

(i) If MEP requests additional information

to be used for credit evaluation after the initiation of service,

MEP, contemporaneous with the request, shall provide its reason(s)

for requesting the additional information to the Shipper and

designate to whom the response should be sent; provided that MEP and

the Shipper may mutually agree to waive this requirement.