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. 205 Original Sheet No. 205 : Effective

 

IHSS SERVICE AGREEMENT (Cont’d)

 

charges shall be paid, together with the bid Average Monthly Balance and the

bid Commodity Charge which shall be used to calculate such charges are

specified in Appendix A. 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 Superseded Agreements.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

 

By _____________________ By _____________________

 

Title _____________________ Title _____________________