Original Volume No. 1

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Effective Date: 06/01/2009, Docket: RP09-365-000, Status: Effective

Original Sheet No. 65 Original Sheet No. 65


(a) Current financial statements (to include a balance sheet,

income statement and statement of cash flow), annual reports,

10-K reports or other filings with regulatory agencies, a list

of all corporate affiliates, parent companies and subsidiaries

and any reports from credit agencies which are available. If

audited financial statements are not available, then Customer

also should provide an attestation by its chief financial

officer that the information shown in the unaudited statements

is true, correct and a fair representation of Customer's

financial condition;


(b) A bank reference and at least three trade references;


(c) A written attestation from Customer that it is not operating

under any chapter of the bankruptcy laws and must not be subject

to liquidation or debt reduction procedures under state laws, such

as an assignment for the benefit of creditors, or any informal

creditor's committee agreement. An exception can be made for a

Customer who is a debtor in possession operating under Chapter XI

of the Federal Bankruptcy Act but only with adequate assurances

that the transportation billing will be paid promptly as cost of

administration under the federal court's jurisdiction;


(d) A written attestation from Customer that it is not subject

to the uncertainty of pending liquidation or regulatory

proceedings in state or federal courts which could cause a

substantial deterioration in its financial condition, which

could cause a condition of insolvency, or the ability to exist

as an ongoing business entity; and


(e) A written attestation from Customer that no significant

collection lawsuits or judgments are outstanding which would

seriously reflect upon the business entity's ability to remain solvent.


19.2 (a) If Customer has an ongoing business relationship with Company,

no uncontested delinquent balances should be outstanding

for bills previously rendered by Company and Customer must have

paid its account during the past according to the established terms

and not made deductions or withheld payment for claims not authorized

by contract.


(b) Customer shall furnish Company at least annually, and at such

other time as is requested by Company, updated credit information

as specified in Section 19.1 for the purpose of enabling Company

to perform an updated credit appraisal. In addition, Company

reserves the right to request such information at any time if

Company is not reasonably satisfied with Customer's credit

worthiness or ability to pay based on information available to

Company at that time.