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)

 

19.2 Miscellaneous.

 

(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

Section 15.

 

(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.