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.