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. 23 Original Sheet No. 23 : Effective
HSS RATE SCHEDULE
HARDY STORAGE SERVICE (Cont'd)
(g) If Customer carries over quantities beyond April 1 in excess of
the 50% of a Customer’s HSCQ limitation set forth in Section 4(d) of this
Rate Schedule, any such quantities automatically shall be forfeited by
Customer to Seller, free and clear of all liens and encumbrances. Seller
shall post such forfeited quantities on its EBB as gas available for sale to
the highest bidder within a 24-hour notice period. Such posting will provide
as a condition of sale that such gas be withdrawn from storage within a
period of time to be specified in the notice. Automatic forfeiture will only
take place where operational concerns require the physical withdrawal of
excess supplies of gas. Upon receipt of payment, Seller shall treat the
forfeited gas proceeds as Penalty Revenues as defined in Section 19.3 of the
General Terms and Conditions.
(h) All penalties and charges assessed under this Section shall be
assessed and paid in addition to all applicable storage rates and charges
under this Rate Schedule, including any overrun charges.
(i) In the event Customer seeks to avoid any penalty provided for in
this Section on the ground that such charge was incurred because of a force
majeure event as defined in Section 15 (Force Majeure) of the General Terms
and Conditions, Customer shall document such force majeure event to Seller.
Seller shall waive penalties to the extent that it determines that the
penalty was caused by a bona fide force majeure event as defined in said
Section 15.
(j) Seller may waive its right to collect all or any portion of
penalties assessed against Customer or its right to retain all or any portion
of Shipper's gas, provided that any such waiver is granted in a
nondiscriminatory manner.
8. GENERAL TERMS AND CONDITIONS
All of the General Terms and Conditions are applicable to this Rate
Schedule and are hereby made a part hereof.