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. 94C Original Sheet No. 94C : Effective

 

GENERAL TERMS AND CONDITIONS (Cont’d)

 

9.9 Seller intends that Section 9.5(b)(4)(iv) above shall be

read in harmony, and not in conflict, with the Bankruptcy Code.

 

9.10 If Seller has terminated service to Customer as a result of

Customer’s loss of creditworthiness or default, Seller shall have the right

to assert any liens or other interests, consistent with applicable law,

against any gas that Customer may have remaining on Seller’s system.

 

9.11 General Limitation of Seller's Obligation. Seller shall

not be required to perform or continue service on behalf of any Customer

that, within 10 days after receipt of notice from Seller, fails to comply

with any of the terms of the applicable Rate Schedule and Customer's

Service Agreement with Seller; provided however that Customer's failure to

comply with the billing and payment requirements of this Tariff shall be

governed by the provisions of Section 10 (Billing and Payment) of the

General Terms and Conditions. Other provisions of such Rate Schedule

notwithstanding, Seller shall have the right to take unilateral action to

protect the integrity of its system in the event Seller, in its reasonable

discretion, determines that immediate or irreparable harm to Seller's

facilities or operations will be caused by Customer's failure to comply

with any of the terms of the applicable Rate Schedule, the terms of

Customer's Service Agreement with Seller, or the General Terms and

Conditions of this Tariff.