Hardy Storage Company, LLC

Original Volume No. 1

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Effective Date: 08/01/2007, Docket: RP07-503-000, Status: Effective

First Revised Sheet No. 233 First Revised Sheet No. 233 : Effective

Superseding: Original Sheet No. 233

FORM OF ASSIGNMENT AGREEMENT (Cont'd)

 

2. Obligations of Replacement Customer.

 

(a) Replacement Customer shall be responsible for nominating and

scheduling with Seller all service to be rendered by Seller for the benefit

of Replacement Customer under this Agreement.

 

(b) Replacement Customer shall comply with (i) the terms and

conditions of the assigned Service Agreement or Assignment Agreement

described in Section 1 above, (ii) Seller's applicable Rate Schedule,

(iii) Appendix A attached hereto,(iv) the General Terms and Conditions of

Seller's Tariff, under which Replacement Customer shall be deemed to be a

"Customer", and (v) the terms, conditions and provisions specified in the

Release Notice bearing the above-referenced Offer No.

 

(c) On two-part rate releases, Replacement Customer shall pay to

Seller a reservation charge of $________ per Dth/month or ______% of the

maximum rate per Dth/month; and Replacement Customer shall pay to Seller all

commodity charges and any commodity surcharges. On one-part volumetric rate

releases, Replacement Customer shall pay to Seller a rate of _____¢ per

Dth/day/month or ______% of the maximum rate per Dth/day/month. Any releases

at the maximum Tariff rate or at a % of the maximum Tariff rate are subject

to adjustment as these rates may be changed from time to time upon approval

of the Commission. In addition, Replacement Customer shall pay to Seller(i)

any penalties or imbalance correction costs associated with the capacity and

service rights assigned under this Agreement and (ii) any applicable overrun

charges, as set forth in Seller’s currently-effective Tariff, as any of these

charges may be adjusted from time to time upon approval of the Commission. As

provided in Section 14.8(b) of the General Terms and Conditions of Seller's

Tariff, in the event of termination of Releasor's Service Agreement with

Seller under Section 10.4 of the General Terms and Conditions, Replacement

Customer's Assignment Agreement with Seller is deemed terminated unless

Replacement Customer agrees to pay the lower of: (1) the Releasor’s contract

rate or (2) the maximum tariff rate for the service for the remainder of the

Replacement Customer’s Assignment Agreement.

 

3. Obligations of Seller. Seller shall provide service to Replacement

Customer and shall bill Releasor and Replacement Customer in accordance with

(i) the assigned Service Agreement or Assignment Agreement described in

Section 1 above, (ii) Seller's applicable Rate Schedule, (iii) Appendix A

attached hereto, and (iv) the General Terms and Conditions of Seller's

Tariff.

 

4. Term. Service under this Agreement shall commence as of

_________________________, 20____, and shall continue in full force and

effect until _________________________, 20____.