Monroe Gas Storage Company, LLC
Original Volume No. 1
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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.