Hardy Storage Company, LLC
Original Volume No. 1
Contents / Previous / Next / Main Tariff Index
Effective Date: 04/01/2007, Docket: CP05-150-003, Status: Effective
Original Sheet No. 117 Original Sheet No. 117 : Effective
GENERAL TERMS AND CONDITIONS (Cont'd)
(b) Seller and Replacement Customer shall execute the Assignment
Agreement in substantially the form contained in this Tariff; provided that
such an Agreement shall be executed electronically where an executed
Agreement is required within five business days of its transmission by
Seller. That Assignment Agreement shall contain all terms and conditions of
the release and assignment; provided that such terms and conditions are
identical to those set forth in the underlying Release Notice. Where
electronic contracting is required as described immediately above, all
Replacement Customers must have executed an Electronic Contracting Agreement
in accordance with the electronic contracting procedures specified in
Section 5.7 of the General Terms and Conditions. All Replacement Customers
must appear on Seller's Approved Bidders List, which list shall indicate
Bidders that have executed an Electronic Contracting Agreement. Service
will not be provided unless the Assignment Agreement properly has been
executed. If the Replacement Customer does not execute and return such
Assignment Agreement within two business days of Seller's tender (or such
later date established by Releasor through notice to Seller and Replacement
Customer), the bid and Seller's offer of an Assignment Agreement shall be
void and Seller will tender an Assignment Agreement to the next highest
acceptable bidder, if any, consistent with the terms of the Release Notice.
Except with respect to prearranged transactions described in Section 14.2(a)
above, Replacement Customers failing to return such agreement shall be
removed from Seller's Approved Bidders List for six months, or less than six
months if agreed to in writing by the Releasor. Nothing herein shall
restrict Releasor from pursuing any other remedies it may have against a
Replacement Customer failing to execute and return an Assignment Agreement
tendered by Seller.
14.6 Implementation. Following acceptance of a bid for assignment and
execution of an Assignment Agreement, Replacement Customers may submit
nominations to Seller in the next available nomination cycle, as specified
in Section 6.2(e) of the General Terms and Conditions. In the event
Customer has not executed the Assignment Agreement prior to making its
nomination, Customer will be deemed to have executed the Assignment
Agreement with Seller pursuant to which the nomination is being made.
Quantities under assigned service rights shall have the same priority as
those quantities had under the applicable underlying Service Agreement
originally entered into by Releasor and Seller, and that priority shall be
unaffected by whether or not the assignment is subject to recall, as
described at Section 14.7 below.