Hardy Storage Company, LLC

Original Volume No. 1

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Effective Date: 07/06/2007, Docket: RP07-480-000, Status: Effective

First Revised Sheet No. 93 First Revised Sheet No. 93 : Effective

Superseding: Original Sheet No. 93



9.4 Service Obligation. Seller shall not be required to

perform service under any of its Rate Schedules if any of the facilities

necessary to render the requested service do not exist or are not available

including periods during which facilities are being maintained or repaired,

in which case, interruptions of service shall be made consistent with

Section 16 (Interruptions of Service) of the General Terms and Conditions.

Notwithstanding any other provision in this Tariff, Seller shall not be

required to pay for or to construct or install facilities of any kind,

including, but not limited to meters and measuring stations; provided,

however, that Customer may request construction of facilities under the

provisions of Section 12 (Construction of Facilities) of the General Terms

and Conditions.


9.5 Creditworthiness of Customer.


(a) Subject to the provisions of paragraphs (b) and (c)

immediately below, Seller shall not be required to perform or to

continue to perform service on behalf of any Customer that (i) is or

has become insolvent, (ii) has applied for bankruptcy under Chapter 11

of the Bankruptcy Code or is subject to similar proceedings under State

or Federal Law, or (iii) fails, in Seller's reasonable judgment, to

demonstrate minimal creditworthiness for all or any part of the service

requested, based upon Seller's consideration of available credit data

concerning Customer and Customer's past payment history, financial

statements, and credit reports.


(b) Criteria for Creditworthiness Determination


(1) Acceptance of a Customer’s request for service

and the continuance of service are contingent upon the

Customer satisfying, on an on-going basis, a credit

appraisal by Seller.


(2) Seller shall apply consistent evaluation

practices to all similarly situated Customers to determine

the Customer’s financial ability to satisfy the payment

obligations due to the Seller over the term of the

requested Service Agreement.