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. 122 Original Sheet No. 122 : Effective
GENERAL TERMS AND CONDITIONS (Cont’d)
(c) In the event that a Replacement Customer (including a Secondary
Replacement Customer) fails to pay Seller's invoice relating to the
released capacity, Seller shall within five business days provide the
Releasor (the most recent Releasor, where the capacity has been secondarily
assigned) with written or telephonic notice of such nonpayment. Upon
Releasor's receipt of such notice of Replacement Customer's nonpayment,
Releasor, without prejudice to any other rights it may have, may
immediately recall the assigned capacity upon 24-hour notice to Replacement
Customer unless within such period Replacement Customer pays in full the
outstanding indebtedness, together with accrued interest at the Commission
approved interest rate, and furnishes adequate assurance of payment to
Releasor if required by Releasor.
14.9 Refunds.
(a) For all refunds other than those described at paragraph (b)
immediately below, the original Releasor of any capacity shall receive from
Seller any reservation charge-related refunds associated with the assigned
capacity including any refunds related to the reservation charge portion of
payments under a one-part volumetric rate. The Replacement Customer holding
the assigned right to service at the time of the overpayment shall receive
from Seller its share of any commodity charge-related refunds, including
any refunds related to the commodity portion of payments under a one-part
volumetric rate, associated with the assigned capacity. Refunds owed by
Seller will be made by Seller directly to Replacement Customer or
indirectly through the Releasor if Replacement Customer has appointed
Releasor as its agent for billings pursuant to Section 14.8(a) above.
(b) The refund obligation of Seller set forth in paragraph (a) shall be
modified where Releasor has released capacity at a rate in excess of that
owed by Releasor to Seller for that capacity (Releasor's Margin). To the
extent that Releasor's Margin equals or exceeds the amount of any refund
obligation, Seller shall not be obligated to make refunds to Releasor. Any
refunds ultimately paid to a Replacement Customer in that event shall be
paid by Releasor.
14.10 Fees. Seller shall not charge a fee for posting of a Release
Notice or a Request to Purchase on its EBB. Seller shall be entitled to
charge a reasonable fee if Releasor and Seller agree that Seller shall
receive a fee for actively marketing the capacity Releasor seeks to
release.