Caledonia Gas And Storage
Original Volume No. 1
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Effective Date: 12/05/2007, Docket: RP08- 57-000, Status: Effective
First Revised Sheet No. 33 First Revised Sheet No. 33 : Effective
Superseding: Superseding Original Sheet No. 33
to the established terms and not made deductions or withheld payment for
claims not authorized by contract; and
(6) Customer shall confirm in writing that no significant collection
lawsuits or judgments are outstanding which would seriously reflect upon the
business entity’s ability to remain solvent.
(i) In the event Customer cannot provide the information specified in
Section 3.6(h) above, Customer shall, if applicable, provide that information
for its parent company.
(j) Caledonia shall not be required to perform or to continue Service
under any Rate Schedule on behalf of any Customer which is or has become
insolvent or which, at Caledonia’s request, fails within a reasonable period
to demonstrate creditworthiness in accordance with Section 3.6(h); provided,
however, that such Customer may receive service under any Rate Schedule if
Customer provides Financial Assurances pursuant to Section 24. If Caledonia
determines that a Customer is or, subsequent to the commencement of Service on
Caledonia’s system, has become uncreditworthy, Caledonia will notify that
Customer via e-mail and facsimile stating that the Customer has been
determined to be uncreditworthy. Within ten (10) Days of such notice,
Caledonia will provide the uncreditworthy Customer a written explanation of
the reasons for such loss of creditworthiness and will provide a recourse for
Customer to challenge such determination. For purposes of this Section 3.6(j),
the insolvency of a Customer shall be conclusively demonstrated by the filing
by Customer, or any parent entity thereof or guarantor of Customer, of a
voluntary petition in bankruptcy or the entry of a decree or order by a court
having jurisdiction in the premises adjudging Customer, or any parent entity
thereof or guarantor of Customer, bankrupt or insolvent, or approving, as
properly filed, a petition seeking reorganization, arrangement, adjustment or
composition of or in respect of Customer, or any parent entity thereof or
guarantor of Customer, under the U.S. Bankruptcy Code or any other applicable
federal or state law, or appointing a receiver, liquidator, assignee, trustee,
sequestrator (or other similar official) of Customer, or any parent entity
thereof or guarantor of Customer, or of any substantial part of their
property, or the ordering of the winding-up or liquidation of their affairs,
with said order or decree continuing unstayed and in effect for a period of
sixty (60) consecutive Days.
3.7 Additional Information.
(a) Customer shall also promptly provide such additional Customer credit
information as may be reasonably required by Caledonia, at any time during the
term of service under a Service Agreement, to enable Caledonia to determine
Customer’s creditworthiness.
(b) After receipt of a request for service, Caledonia may require that
Customer furnish additional information as a prerequisite to Caledonia
offering to execute a Service Agreement with Customer. Such information may
include proof of Customer’s lawful right and/or title to cause the Gas to be
delivered to Caledonia for service under this FERC Gas Tariff and of
Customer’s contractual or physical ability to cause such Gas to be delivered
to and received from Customer’s designated Point of Delivery and/or
Receipt.