Monroe Gas Storage Company, LLC

Original Volume No. 1

 Contents / Previous / Next / Main Tariff Index

 

 

Effective Date: 04/29/2009, Docket: RP09-447-000, Status: Effective

Original Sheet No. 104 Original Sheet No. 104

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

1. DEFINITIONS (Continued)

 

1.28 "Material Adverse Change" shall mean a material change to (i) the

business, property, condition (financial or otherwise), results of

operations, or prospects of Customer or any Customer guarantor,

including bankruptcy or other insolvency proceeding; (ii) a downgrade in

Customer's or Customer's guarantor's credit rating, as established by

Standard & Poor's or Moody's Investments Services, Inc.; or (iii) the

validity or enforceability of the Service Agreement(s), any Customer

guaranty, or the rights or remedies of Operator thereunder, which, in

the sole discretion of Operator, adversely affects either (A) the

ability of Customer or Customer's guarantor to perform in a timely

manner any of their respective obligations under the Service

Agreement(s) or guaranty, as applicable, or (B) the rights of Operator

under either the Service Agreement(s) and/or Customer's guaranty.

 

1.29 "Maximum Daily Delivery Quantity" or "MDDQ" shall mean the maximum

quantity of gas, expressed in Dths, specified in Customer's Service

Agreement or Exhibit A of the Hub Services Agreement, as applicable,

that Customer may nominate and that Operator shall deliver at a Point of

Delivery at constant hourly rates of flow over the course of such Day,

excluding Fuel Reimbursement. As determined by Operator in its sole and

reasonable judgment, the maximum quantity may be delivered at rates of

flow which deviate from constant hourly rates over the course of such

Day.

 

1.30 "Maximum Daily Injection Quantity" or "MDIQ" shall mean the maximum

quantity of gas which Customer is entitled to inject into the Facility

on any Day, excluding Fuel Reimbursement.

 

1.31 "Maximum Daily Receipt Quantity" or "MDRQ" shall mean the maximum

quantity of gas, expressed in Dths, specified in Customer's Service

Agreement or Exhibit A of the Hub Services Agreement, as applicable,

that Customer may nominate and that Operator shall receive at each Point

of Receipt at constant hourly rates of flow over the course of such Day,

excluding Fuel Reimbursement. As determined by Operator in its sole and

reasonable judgment, the maximum quantity may be received at rates of

flow which deviated from the constant hourly rates over the course of

such Day.