Hardy Storage Company, LLC

Original Volume No. 1

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Effective Date: 07/06/2007, Docket: RP07-480-000, Status: Effective

First Revised Sheet No. 100 First Revised Sheet No. 100 : Effective

Superseding: Original Sheet No. 100

GENERAL TERMS AND CONDITIONS (Cont’d)

 

 

10.5 Billing Disputes. If Customer in good faith disputes an invoice from

Seller and complies with the provisions of Section 10.2(d) above, further

resolution of the dispute shall be in accordance with the provisions of

Section 29 (Complaint Resolution Procedure) of the General Terms and

Conditions.

 

10.6 Refunds. Seller shall pay any refunds owed in excess of $50,000 to

any Customer by wire or other EFT of Federal Funds immediately available to

Customer at such bank account as Customer shall designate.

 

10.7 Right to Set Off Unpaid Amounts. If the Customer does not pay the

full amount due Seller in accordance with Section 10.2 hereof, then Seller,

without prejudice to any other rights or remedies it may have, shall have

the right to withhold and set off payment of any amounts of monies due or

owing by Seller to Customer, against any and all amounts or monies due or

owing by Customer to Seller for services performed by Seller for Customer.

In addition, if Customer has an overtender(s) of gas on any Service

Agreement(s), Seller will have the right to net that overtender of gas

against any existing undertender(s) of gas on any of Customer’s Service

Agreement(s).