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. 152 Original Sheet No. 152 : Effective
GENERAL TERMS AND CONDITIONS (Cont'd)
24. WARRANTY OF ELIGIBILITY FOR TRANSPORTATION
(a) Each Customer under this Tariff warrants for itself, its
successors and assigns, that all gas delivered to Seller for storage shall
be eligible for transportation in interstate commerce under applicable
rules, regulations or orders of the Commission. Customer will indemnify
Seller and save it harmless from all suits, actions, damages, costs, losses,
expenses (including reasonable attorney fees), and regulatory proceedings
arising from breach of this warranty. Replacement Customers under Section
14 (Release and Assignment of Service Rights) of the General Terms and
Conditions shall be considered to be "Customers" for purposes of this
Section, and therefore Releasors under Section 14 shall not be liable under
this Section for breach of the foregoing warranty by its Replacement
Customers.
(b) Where storage will be provided under § 311 of the Natural Gas
Policy Act (15 U.S.C. § 3371) and pursuant to Subpart B of Part 284 of the
Commission's Regulations (18 C.F.R. §§ 284.101 et seq.), Customer warrants
that such storage service is authorized to be provided within the meaning of
18 C.F.R. Section 284.102(d)(3), if the local distribution company or
intrastate pipeline company on whose behalf the storage service is being
provided will not have physical custody of and transport the gas or will not
hold title to the gas. Where storage will be provided under Seller's blanket
certificate, Customer warrants that an interstate pipeline will receive some
benefit from the transaction.