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. 118 Original Sheet No. 118 : Effective

 

GENERAL TERMS AND CONDITIONS (Cont’d)

 

 

14.7 Recall; Reassignment of Assigned Service Rights.

 

(a) Agreements Subject to Recall. Releasors shall be permitted to

specify as a condition for releasing capacity the right to recall that

assigned capacity upon notice to Seller and to Replacement Customer. Any

such recall provision must be included in the Release Notice originally

submitted by Releasor and in the Assignment Agreement executed following

assignment of the capacity. The Release Notice and the Assignment Agreement

governing the assigned capacity shall clearly state (i) the frequency with

which Releasor may recall any released capacity, (ii) the maximum duration of

any such recall, (iii) whether and under what conditions any right of first

refusal held by Releasor is transferred to Replacement Customer, and (iv)

such other terms as Releasor may specify. Replacement Customer shall be

permitted to make secondary assignments of all or any part of the capacity,

unless prohibited by the Releasor, contained in its Assignment Agreement that

is subject to Releasor's right to recall, provided, however, that such

assignments shall not vary the recall provisions contained in the original

assignment.

 

(b) Replacement Customer Release. A Replacement Customer that

desires to release some or all of its assigned capacity (Replacement

Customer/Secondary Releasor) may release and reassign all or a portion of the

assigned capacity to other parties (Secondary Replacement Customers) subject

to the requirements set forth in paragraph (a) immediately above. Any such

reassignment must satisfy all of the posting, bidding and notice requirements

set forth in this Section, and any Secondary Replacement Customer must

satisfy all of the creditworthiness and other requirements set forth in this

Section. No limitation unless required by the Releasor shall be placed on

the number of times service rights that are not subject to recall may be

reassigned, provided, however, that a Replacement Customer/Secondary Releasor

may not assign rights any greater than the rights it received pursuant to the

earlier assignment, and may not place any unreasonable or discriminatory

conditions on such assignments.

 

(c) For all released capacity subject to recall rights, the following

recall notification periods shall apply: