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. 239 Original Sheet No. 239 : Effective
FORM OF ELECTRONIC CONTRACTING AGREEMENT
THIS ELECTRONIC CONTRACTING AGREEMENT (the Agreement) is made as of
______________, 20___, by and among HARDY STORAGE COMPANY, LLC (Seller) with
offices at 1700 MacCorkle Avenue, S.E., Charleston, West Virginia 25314 and
___________________ (Subscriber), a ________________ corporation, with
offices at _____________________.
RECITALS
WHEREAS, Seller and Subscriber have entered into or may in the future enter
into one or more new or amended Agreements or Assignment Agreements pursuant
to the provisions of Seller's effective FERC Gas Tariff, Original Volume No.
1 (Tariff), on file with the Federal Energy Regulatory Commission, or
nonjurisdictional agreements or contracts (collectively "Contracts"); and
WHEREAS, Seller provides an Electronic Bulletin Board service through the
Columbia Navigator, which includes an electronic data interchange component,
pursuant to Section 2 of the General Terms and Conditions (GTC) of the
Tariff; and
WHEREAS, Seller and Subscriber desire to facilitate the provision and receipt
of service for their mutual benefit by entering into Contracts and
transacting business under such Contracts by electronically transmitting and
receiving data through Navigator in agreed formats (Transactions) in
substitution for conventional paper-based documents, and further desire to
assure that such Transactions and Contracts are not legally invalid or
unenforceable as a result of the use of available electronic technologies;
and
WHEREAS, the terms and conditions governing electronic contracting are
contained in General Terms and Conditions Section 5.7;
NOW THEREFORE, in consideration of the mutual covenants and agreements herein
contained and the benefits to be derived, the parties, intending to be
legally bound, agree as follows:
1. Any Contract entered into electronically between the parties
shall be governed by the provisions of said General Terms and Conditions
Section 5.7, as it may be amended or modified from time to time, which is
incorporated herein by reference.
2. The provisions of General Terms and Conditions Sections 2
(Electronic Bulletin Board), 5 (Service Agreement), 15 (Force Majeure), 27
(Schedules and Contracts Subject to Regulation and Revision) and 28 (Notices)
of the Tariff are incorporated herein by reference and shall bind the parties
with respect to this Agreement.