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. 70 Original Sheet No. 70 : Effective
GENERAL TERMS AND CONDITIONS (Cont’d)
(h) Pro Forma Service Agreement. When a party affixes its Signature
to a Contract and transmits the Contract to Seller in accordance with
Section 5.7(g) above, it shall be bound, as applicable, by (i) the terms and
conditions of the applicable pro forma Service Agreement or Assignment
Agreement contained in this Tariff corresponding to the Rate Schedule under
which that party is seeking service, or (ii) the terms and conditions of any
generally available, nonjurisdictional agreement or contract that is a
Document. The date of Seller's acceptance of an executed and properly
transmitted Contract under Section 5.7(g) shall be deemed to be the date of
execution for purposes of the Contract and that execution date shall apply
to any subsequently issued paper copy of the Contract that Seller tenders to
Customer. The effective date and term of the Contract shall be determined
in accordance with the provisions of Section 5.3 of the General Terms and
Conditions, but Seller shall not be obligated to provide service to
Subscriber prior to the date of acceptance.
(i) Replacement With Paper Copies of Service Agreements. (1) Seller
may terminate a Contract entered into electronically, and providing for firm
service with a term of one year or more, 30 days after the date of
execution, as determined in accordance with Section 5.7(h), unless Customer
executes in original handwriting a paper copy of that Service Agreement and
returns it to Seller prior to the expiration of such 30-day period. Seller
shall send the Service Agreement to Customer through the EBB in sufficient
time to enable Customer to print, execute, and return a paper copy of that
Service Agreement prior to the 30-day termination date.
(j) Termination. Except as stated in Section 5.7(f), the Electronic
Contracting Agreement shall remain in effect until terminated by either
party with at least 30 days prior written notice, which notice shall specify
the effective date of termination; provided that: (i) the effective date of
termination shall not precede the termination of any electronic Service
Agreement or Transaction; (ii) any termination shall not affect the
respective obligations or rights of the parties arising under any electronic
Service Agreement or Documents, or otherwise arising under this Section
prior to the effective date of termination; and (iii) any such termination
by Seller shall be only for due cause or upon the request of Customer.