Hardy Storage Company, LLC
Original Volume No. 1
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Effective Date: 04/01/2007, Docket: CP05-150-003, Status: Effective
Original Sheet No. 66 Original Sheet No. 66 : Effective
GENERAL TERMS AND CONDITIONS (Cont'd)
5. SERVICE AGREEMENT AND ELECTRONIC CONTRACTING
5.1 Form of Service Agreement. Customer shall enter into a Service
Agreement with Seller under Seller's applicable standard Form of Service
Agreement or Assignment Agreement prior to receiving service from Seller
under any Rate Schedule; provided, however, that a Service Agreement between
Seller and Customer that was in effect on the effective date of this Tariff
shall remain in effect until it is replaced, superseded, terminated, or
expires by its own terms, and shall be considered as an executed Service
Agreement to the extent that its provisions are not superseded by or in
conflict with the provisions of this Tariff. Customers with new levels of
service shall execute new Service Agreements. As used in this Tariff,
"Service Agreement" shall include Assignment Agreements unless otherwise
specified.
5.2 Term. The period of time to be covered by the Service Agreement (but
not including Assignment Agreements) shall be determined (i) by agreement
between the parties or (ii) in accordance with the auction procedures set
forth at Section 4 (Auctions of Available Firm Service) of the General Terms
and Conditions. Where the Service Agreement supersedes or cancels an
existing Service Agreement, however, Seller may require that the term of the
Service Agreement shall be not less than the unexpired portion of the
term contained in the Service Agreement to be superseded or canceled. The
term of an Assignment Agreement shall be determined in accordance with the
provisions of Section 14 (Release and Assignment of Service Rights) of the
General Terms and Conditions.
5.3 Quantity Obligations and Requirements. The quantities of gas covered
by the Service Agreement shall be set forth in the Appendix A to that
Service Agreement in the blank spaces provided.
5.4 Successors and Assigns. Any company that succeeds by purchase, merger,
or consolidation to the gas properties of Seller or of Customer
substantially as an entirety, and any Affiliated Successor in Interest that
acquires from Seller the properties of Seller used in interstate commerce in
rendering service to Customer, shall be entitled to the rights and shall be
subject to the obligations of its predecessor in title under the Service
Agreement. Customer, Seller, and their successors may assign or pledge
the Service Agreement under the provisions or any mortgage, deed of trust,
indenture or similar instrument that it has executed or may execute
hereafter; provided, however, that such mortgage, deed of trust, indenture
or similar instrument shall cover the properties of such party as an
entirety unless such party is an Affiliated Successor in Interest as
described above. Otherwise no party shall assign the Service Agreement or
any of its rights thereunder unless it first shall have obtained in writing