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. 142 Original Sheet No. 142 : Effective
GENERAL TERMS AND CONDITIONS (Cont’d)
(a) All penalties and charges assessed under this Section shall be
paid in addition to the applicable overrun charges.
(b) In the event Customer seeks to avoid any penalty provided for in
this Section on the grounds that such charge was incurred because of a
force majeure event as defined at Section 15 (Force Majeure) of the General
Terms and Conditions, Customer shall document such force majeure event to
Seller. Seller shall waive penalties to the extent that it determines that
the penalty was caused by a bona fide force majeure event as defined at
(c) In the event Customer, or any other individual or entity
receiving or delivering gas on behalf of, as a Replacement Customer of, or
otherwise for the benefit of Customer, does not (i) provide the schedules,
allocations, or other data required by this Section, Section 6 (Scheduling,
Nominations and Monitoring Service) or Section 8 (Meter Allocations) of the
General Terms and Conditions, or by any other provision of this Tariff on
or before the due dates scheduled by Seller, or (ii) provide other data
required by Seller within two business days after Seller requests such
data, Seller shall have the right to impose penalties based upon the data
otherwise available to Seller, without regard to actual HSS inventory
level. Customer shall have no right to contest the imposition of such
penalties on the basis that the HSS inventory levels reflected in the data
available to Seller are at variance with actual HSS inventory levels.
(d) Seller may waive its right to collect all or any portion of the
penalties assessed against Customer, provided that any such waiver is
granted in a nondiscriminatory manner.
(e) To the extent that any penalty directly results from Customer's
reliance on inaccurate data from Seller, or is otherwise caused by Seller,
no penalty will be assessed that is attributable to such inaccurate data.