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.