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
GENERAL TERMS AND CONDITIONS (Cont’d)
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
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.