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____.