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.