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.