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. 202 Original Sheet No. 202 : Effective
HSS SERVICE AGREEMENT (Cont’d)
Section 3. Rates. Customer shall pay Seller the charges and furnish
Retainage as described in the above-referenced Rate Schedule, unless
otherwise agreed to by the parties in writing and specified as an amendment
to this Agreement. Seller may agree to discount its rate to Customer below
Seller’s maximum rate, but not less than Seller’s minimum rate. Such
discounted rate may apply to: a) specified quantities (contract demand or
commodity quantities); b) specified quantities above or below a certain level
or all quantities if quantities exceed a certain level; c) quantities during
specified time periods; d) quantities at a specified point; and e) that a
specified discounted rate will apply in a specified relationship to the
quantities actually stored (i.e., that the reservation charge will be
adjusted in a specified relationship to quantities actually stored). In
addition, the discount agreement may include a provision that if one rate
component which was at or below the applicable maximum rate at the time the
discount agreement was executed subsequently exceeds the applicable maximum
rate due to a change in Seller’s maximum rate so that such rate component
must be adjusted downward to equal the new applicable maximum rate, then
other rate components may be adjusted upward to achieve the agreed overall
rate, so long as none of the resulting rate components exceed the maximum
rate applicable to that rate component. Such changes to rate components
shall be applied prospectively, commencing with the date a Commission order
accepts revised tariff sheets. However, nothing contained herein shall be
construed to alter a refund obligation under applicable law for any period
during which rates which had been charged under a discount agreement exceeded
rates which ultimately are found to be just and reasonable.
Section 4. Notices. Notices to Seller under this Agreement shall be
addressed to it at Post Office Box 1273, Charleston, West Virginia 25325-
1273, Attention: Manager, Customer Services and notices to Customer shall be
addressed to it at
Attention: , until changed by either party by written notice.
Section 5. Superseded Agreements. This Agreement supersedes and cancels, as
of the effective date hereof, the following Agreements:
_________________________________________________ .
CUSTOMER HARDY STORAGE COMPANY, LLC
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