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 Superseded Agreements.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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