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. 33 Original Sheet No. 33 : Effective
IHSS RATE SCHEDULE
INTERRUPTIBLE HARDY STORAGE SERVICE (Cont'd)
(a) If Customer fails to comply with an operational flow order issued
by Seller pursuant to Section 17 (Operational Flow Orders) of the General
Terms and Conditions, a penalty of $5.00 per Dth per day shall be assessed
to Customer for all quantities in violation of that operational flow order.
(b) If Customer fails to withdraw all of Customer's HISQ by
Customer's Final Withdrawal Date, any such quantities not withdrawn shall be
forfeited automatically 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Such posting may provide as a condition of sale that such gas be withdrawn
from storage within a period of time to be specified in the notice. 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.
(c) All penalties and charges assessed under this Section shall be
assessed and paid in addition to all applicable rates and charges under this
Rate Schedule, including any overrun charges.
(d) If 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 the penalty was caused by a bona
fide force majeure event as defined in said Section 15.
(e) Seller may waive its right to collect all or any portion of any
penalties assessed against Customer or its right to retain all or any
portion of gas, provided that any such waiver is granted in a
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, with the exception of Sections
4, 12, and 14.