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THIRD PARTY SUPPLIER (TPS) <br />(Continued) <br />CREDITWORTHINESS (Continued) <br />In the event TPS fails to meet the terms of this Creditworthiness section, Company may, <br />without waiving any rights or remedies it may have, and subject to any necessary <br />authorizations, suspend TPS until such time as they are deemed compliant by the Company. <br />The insolvency of a TPS shall be evidenced by the filing by TPS, or any parent entity <br />thereof, of a voluntary petition in bankruptcy or the entry of a decree or order by a court having <br />jurisdiction adjudging the TPS, or any parent entity thereof, bankrupt or insolvent, or approving <br />as properly filed a petition seeking reorganization, arrangement, adjustment or composition of <br />the TPS, or any Parent entity thereof, under the Federal Bankruptcy Act or any other applicable <br />federal or state law, or appointing a receiver, liquidator, assignee, trustee, sequestrator, (or <br />similar official) of the TPS or any parent entity thereof or of any substantial part of its property, <br />or the ordering of the winding -up or liquidation of its affairs. <br />MONTHLY RATE <br />Customer Charge $400.00 <br />Charge for each Transportation <br />Customer served by the TPS $6.07 <br />DETERMINATION OF THE AVERAGE DAILY DELIVERY QUANTITY ("ADDQ") <br />The ADDQ for each Customer without an AMR device will be calculated by the <br />Company by dividing the Customer's usage for each of the most recent twelve (12) billing <br />months by the total number of days in each billing month. Company may adjust Customer's <br />ADDQ at any time, due to changes in Customer's equipment or pattern of usage. For new <br />Customers, the initial ADDQ will be estimated by Company, based upon the rating of the <br />Customer's gas equipment and expected utilization of the equipment. The TPS will be obligated <br />to deliver the aggregate ADDQ each day for Customers it serves. <br />The Company will notify TPS of its aggregate ADDQ obligation for each day of the next <br />succeeding month ' n the Company's EBB, or other means <br />as determined by the Company. If TPS does not agree with Company's determination of TPS's <br />aggregate ADDQ, it must notify the Company in writing, h�ss+mile-within two business days <br />no later than 5:00 p.m. Eastern Standard Time. Company and TPS will reconcile any <br />differences no later then 5:00 p.m. Eastern Standard Time on the twentieth (20th) of the month. <br />Issued by:Carolyn Bermudez Effective: -Dere be{ 7, 2094 <br />,%r—Vice President, Southern <br />QpeFat Florida City Gas <br />P, L4 -aa 5 <br />