MidContinent Express Pipeline LLC
Original Volume No. 1
Contents / Previous / Next / Main Tariff Index
Effective Date: 04/10/2009, Docket: RP09-136-000, Status: Effective
Original Sheet No. 182 Original Sheet No. 182
GENERAL TERMS AND CONDITIONS
----------------------------
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.