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. 70 Original Sheet No. 70 : Effective

 

GENERAL TERMS AND CONDITIONS (Cont’d)

 

(h) Pro Forma Service Agreement. When a party affixes its Signature

to a Contract and transmits the Contract to Seller in accordance with

Section 5.7(g) above, it shall be bound, as applicable, by (i) the terms and

conditions of the applicable pro forma Service Agreement or Assignment

Agreement contained in this Tariff corresponding to the Rate Schedule under

which that party is seeking service, or (ii) the terms and conditions of any

generally available, nonjurisdictional agreement or contract that is a

Document. The date of Seller's acceptance of an executed and properly

transmitted Contract under Section 5.7(g) shall be deemed to be the date of

execution for purposes of the Contract and that execution date shall apply

to any subsequently issued paper copy of the Contract that Seller tenders to

Customer. The effective date and term of the Contract shall be determined

in accordance with the provisions of Section 5.3 of the General Terms and

Conditions, but Seller shall not be obligated to provide service to

Subscriber prior to the date of acceptance.

 

(i) Replacement With Paper Copies of Service Agreements. (1) Seller

may terminate a Contract entered into electronically, and providing for firm

service with a term of one year or more, 30 days after the date of

execution, as determined in accordance with Section 5.7(h), unless Customer

executes in original handwriting a paper copy of that Service Agreement and

returns it to Seller prior to the expiration of such 30-day period. Seller

shall send the Service Agreement to Customer through the EBB in sufficient

time to enable Customer to print, execute, and return a paper copy of that

Service Agreement prior to the 30-day termination date.

 

(j) Termination. Except as stated in Section 5.7(f), the Electronic

Contracting Agreement shall remain in effect until terminated by either

party with at least 30 days prior written notice, which notice shall specify

the effective date of termination; provided that: (i) the effective date of

termination shall not precede the termination of any electronic Service

Agreement or Transaction; (ii) any termination shall not affect the

respective obligations or rights of the parties arising under any electronic

Service Agreement or Documents, or otherwise arising under this Section

prior to the effective date of termination; and (iii) any such termination

by Seller shall be only for due cause or upon the request of Customer.