Hardy Storage Company, LLC
Original Volume No. 1
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Effective Date: 07/06/2007, Docket: RP07-480-000, Status: Effective
Original Sheet No. 94B Original Sheet No. 94B : Effective
GENERAL TERMS AND CONDITIONS (Cont’d)
(j) If a Customer becomes insolvent or looses its
creditworthiness status after service commences on Seller’s system,
Seller will notify Customer via E-mail and facsimile stating that the
Customer has lost its creditworthiness status. If Customer is a
Replacement Customer, simultaneous notice will also be sent to the
Releasing Customer via E-mail and facsimile. Within ten (10) days of
that notice, Seller will provide the non-creditworthy Customer a
detailed written explanation of the reasons for the loss of
creditworthiness and provide a recourse for Customer to challenge that
determination.
(k) Regardless of whether Customer is insolvent, has lost
its creditworthiness status or does not desire to continue service with
Seller, Customer shall continue to be liable for all charges due under
its Service Agreement and associated rate schedule. If the Customer
desires to continue service with Seller, Seller will require the
Customer to pay any outstanding balances due Seller for services
rendered and provide adequate credit assurances in accordance with
Section 9.5(c) above.
(l) If Customer fails to provide the credit assurance
within the specified time period, Seller may (i) immediately suspend
service to Customer, and/or (ii) terminate Customer’s Service Agreement
upon at least thirty (30) days written notice to Customer, Releasing
Customer, if any, and the Commission that it will terminate service to
Customer if Customer fails to pay the outstanding balance and/or
provide the required credit assurance. Any termination shall be
without waiver of any rights Seller may otherwise have under any and
all Service Agreements with Customer, including, but not limited to,
the right to sue Customer for unmitigated damages resulting from
Customer’s breach of contract. If Seller terminates the service of a
Replacement Customer, Seller shall provide simultaneous notice to the
Replacement Customer and Releasing Customer via e-mail and facsimile.
9.7 Requests for service which do not include all of the above-
referenced information and the information required by Section 3 shall be
deemed null and void.
9.8 If a Customer has multiple Service Agreements with Seller
and defaults on one Service Agreement, Seller may deem a default by
Customer on that one Service Agreement as a loss of creditworthiness on any
other Service Agreement the Customer has with Seller; provided, however,
this provision shall not affect amounts disputed by Customer in good faith.
This Section 9.8 shall apply solely to the Customer that is the Service
Agreement holder.