Hardy Storage Company, LLC

Original Volume No. 1

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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.