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.