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. 136 Original Sheet No. 136 : Effective

 

GENERAL TERMS AND CONDITIONS (Cont’d)

 

 

(c) Seller has the right to issue OFOs on a nondiscriminatory basis

without liability except in cases of Seller's negligence or undue

discrimination. Compliance with the OFOs and the other terms and conditions

of Seller's Tariff is essential to Seller's ability to provide service under

all Rate Schedules. A failure by one or more Customer to comply with the

OFOs may affect Seller's ability to provide such services. In such event

and in addition to other provisions hereof and not in lieu of any other

remedies available in law or at equity, Seller will, except in cases of

Seller's negligence or undue discrimination, have no liability or

responsibility for its inability to provide deliveries and services and will

be indemnified and held harmless against any claims related to such failure

to provide services by the Customer(s) failing to comply with Seller's

Tariff and in particular, the provisions of this Section.

 

17.3 Limitations.

 

(a) Customer shall not be required to flow gas pursuant to this

Section in excess of Customer's maximum entitlement level specified in

Customer's Service Agreement(s) with Seller.

 

(b) A Customer must comply with an OFO within the time period set

forth therein unless the Customer is able to demonstrate that such

compliance: (1) is not within Customer's physical or contractual control;

(2) is prevented by operating conditions on a third party pipeline system

beyond Customer's control; (3) is precluded by its contractual restrictions

with a third party pipeline system; and/or (4) is prevented due to a force

majeure event as defined in Section 15 (Force Majeure) of the General Terms

and Conditions; provided that Customer shall make a good faith effort to

comply with an OFO, including seeking waivers of any contractual limits with

third party pipelines or modifications of operating conditions on third

party pipeline systems. Customer shall notify Seller immediately if it

believes that it is excused from compliance with the OFO for the reasons set

forth in this subparagraph (b), and shall promptly provide Seller with

documentation sufficient to support its basis for non-compliance.

 

(c) A Customer shall not incur penalties for complying with an OFO.