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. 67 Original Sheet No. 67 : Effective




the consent thereto of the other party; provided, however, that Customer may

release and assign service rights contracted for under such Service

Agreement pursuant to the conditions, and subject to the limitations, of

Section 14 (Release and Assignment of Service Rights) of the General Terms

and Conditions. Any direct or indirect assignment of service rights by

Customer under this paragraph shall be made in good faith and not for the

purpose of avoiding the requirements of Section 14.



5.5 Waiver of default. No waiver by either party of any one or more

defaults by the other in the performance of any provisions of the Service

Agreement shall operate or be construed as a waiver of any future default or

defaults, whether of a like or different character.


5.6 Choice of Law. Unless otherwise specifically stated in the Service

Agreement, interpretation of the provisions of all Service Agreements or

other agreements entered into between Customer and Seller, including any

provisions of this Tariff related to such Service Agreements, and any

disputes arising from such Service Agreements, shall be governed by the law

of the State of West Virginia.


5.7 Electronic Contracting Agreement.


(a) In General. Seller and Customer may, and when required by the

Tariff shall, enter into new or amended Service Agreements or Assignment

Agreements by electronic communications through Seller's EBB. Seller and

Customer may also by mutual agreement enter into any other Contract through

electronic communications. Service Agreements, Assignment Agreements

pursuant to Section 14 (Release and Assignment of Service Rights) and other

agreements are collectively referred to as "Contracts" in this Section 5.7.

The consummation of Contracts electronically shall be governed by the

provisions of this Section 5.7 and the Electronic Contracting Agreement.


(b) When Required. Customer shall be required to enter into a

Contract electronically if Customer desires to commence service within five

business days after a Contract is awarded.