Hardy Storage Company, LLC
Original Volume No. 1
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Effective Date: 07/06/2007, Docket: RP07-480-000, Status: Effective
First Revised Sheet No. 56 First Revised Sheet No. 56 : Effective
Superseding: Original Sheet No. 56
GENERAL TERMS AND CONDITIONS (Cont'd)
(b) Seller may waive the requirements of all or any part of Section
3.3 on a nondiscriminatory basis. A Requestor that is an existing Customer
on Seller's system shall not be required to provide the information required
by Section 3.3(a) in order to make a new request for service, provided,
however, that Seller may require an existing Customer to furnish any
information necessary to make a creditworthiness determination with respect
to that Customer/Requestor's new request for service.
(c) In lieu of submitting all or any part of the data required by this
Section 3.3, a Requestor that has submitted such data to Seller within the
past twelve months may certify that all or any part of such data has not
changed in any manner material to creditworthiness and update items that
have materially changed.
3.4 Advance Determination of Creditworthiness. A Requestor shall submit
the data required in this Section 3, at least 15 business days before
bidding for or requesting new or increased service for an advance
determination of creditworthiness by Seller.
3.5 Deficient Requests. Seller shall promptly notify a Requestor whose
request for service has been rejected because of Requestor's failure to
satisfy the provisions specified in this Section 3. Such notice shall
identify the deficiencies that must be corrected in order to make a valid
request to Seller.
3.6 Material Changes. If any information provided by Requestor pursuant to
this Section materially changes, Requestor shall provide Seller with prompt
written notification of such changes. Requestor is required to provide
written notice to Seller within two (2) days of filing a report (other than
an annual or quarterly report) with the Securities and Exchange Commission
(“SEC”) or other equivalent foreign regulatory body that Requestor is
required to file as a result of a material event or corporate change
affecting its financial condition. That notice shall include a general
description of the nature and reason for the filing and to the extent that
the report is not available electronically, Requestor shall provide Seller
with a copy of the report. Requestors that are not subject to SEC reporting
requirements, but have a parent that is, shall comply with respect to any
such filings by their parent.
3.7 Denial of Requests. Seller may reject any request for service from a
Requestor that fails to meet Seller's creditworthiness requirements unless
Requestor provides assurance of payment as provided in Section 3.8 below.
Grounds for rejection shall include, but shall not be limited to, Requestor's
failure (a) to show that Requestor's obligations are being paid in a timely
manner, or (b) to provide reasonable assurance that Requestor will be able to
continue to pay its obligations in the future.