Hardy Storage Company, LLC

Original Volume No. 1

 Contents / Previous / Next / Main Tariff Index

 

 

Effective Date: 04/01/2007, Docket: CP05-150-003, Status: Effective

Original Sheet No. 66 Original Sheet No. 66 : Effective

 

GENERAL TERMS AND CONDITIONS (Cont'd)

 

5. SERVICE AGREEMENT AND ELECTRONIC CONTRACTING

 

5.1 Form of Service Agreement. Customer shall enter into a Service

Agreement with Seller under Seller's applicable standard Form of Service

Agreement or Assignment Agreement prior to receiving service from Seller

under any Rate Schedule; provided, however, that a Service Agreement between

Seller and Customer that was in effect on the effective date of this Tariff

shall remain in effect until it is replaced, superseded, terminated, or

expires by its own terms, and shall be considered as an executed Service

Agreement to the extent that its provisions are not superseded by or in

conflict with the provisions of this Tariff. Customers with new levels of

service shall execute new Service Agreements. As used in this Tariff,

"Service Agreement" shall include Assignment Agreements unless otherwise

specified.

 

5.2 Term. The period of time to be covered by the Service Agreement (but

not including Assignment Agreements) shall be determined (i) by agreement

between the parties or (ii) in accordance with the auction procedures set

forth at Section 4 (Auctions of Available Firm Service) of the General Terms

and Conditions. Where the Service Agreement supersedes or cancels an

existing Service Agreement, however, Seller may require that the term of the

Service Agreement shall be not less than the unexpired portion of the

term contained in the Service Agreement to be superseded or canceled. The

term of an Assignment Agreement shall be determined in accordance with the

provisions of Section 14 (Release and Assignment of Service Rights) of the

General Terms and Conditions.

 

5.3 Quantity Obligations and Requirements. The quantities of gas covered

by the Service Agreement shall be set forth in the Appendix A to that

Service Agreement in the blank spaces provided.

 

5.4 Successors and Assigns. Any company that succeeds by purchase, merger,

or consolidation to the gas properties of Seller or of Customer

substantially as an entirety, and any Affiliated Successor in Interest that

acquires from Seller the properties of Seller used in interstate commerce in

rendering service to Customer, shall be entitled to the rights and shall be

subject to the obligations of its predecessor in title under the Service

Agreement. Customer, Seller, and their successors may assign or pledge

the Service Agreement under the provisions or any mortgage, deed of trust,

indenture or similar instrument that it has executed or may execute

hereafter; provided, however, that such mortgage, deed of trust, indenture

or similar instrument shall cover the properties of such party as an

entirety unless such party is an Affiliated Successor in Interest as

described above. Otherwise no party shall assign the Service Agreement or

any of its rights thereunder unless it first shall have obtained in writing