Arlington Storage Company, LLC

Original Volume No. 1

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Effective Date: 08/24/2009, Docket: RP09-872-000, Status: Effective

Original Sheet No. 119 Original Sheet No. 119

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

ASC shall post offers and bids, including pre-arranged deals, upon receipt, unless Releasing Customer

requests otherwise. If Releasing Customer requests a posting time, ASC shall support such request

insofar as it comports with the standard timeline. A Releasing Customer cannot specify an extension

of the original bid period or the pre-arranged deal match period, without posting a new release.

 

4.4 Pre-arranged Releases. Releasing Customer may designate an entity (a designated

"Pre-arranged Replacement Customer") to which it has agreed to release the capacity

upon specified terms and conditions. Customer's offer to release under such a pre-

arranged transaction shall be subject to the prior posting and bidding procedures

described in Sections 4.5 and 4.6, herein, with the designated Pre-arranged

Replacement Customer being given a right to match the best bid submitted during the

bid period; provided, however, if a pre-arranged transaction with a Pre-arranged

Replacement Customer is for a period of thirty-one (31) Days or less, the Releasing

Customer shall provide notice to ASC in accordance with this Section and may

implement the release without complying with such prior posting and bidding procedures.

Notices of such exempted releases shall be posted on the Internet Web Site in

accordance with Section 4.3 herein.

 

4.5 Posting. Following receipt of a notice of offer to release capacity which satisfies the

requirements set forth in this Section, ASC will post such information on its Internet

Web Site in accordance with the timeline set forth in Section 4.3 herein. ASC shall also

post offers to purchase capacity from those who desire current Customers to release

capacity upon receipt of the applicable information as set forth in this Section.

 

4.6 Bidding and Selection of Replacement Customer.

 

(a) If Releasing Customer desires to solicit bids for releases of thirty-one (31) Days or less,

it may direct ASC to post notice of the availability of such capacity and, in lieu of

permitting bids during the otherwise applicable posting period, Releasing Customer may direct

ASC to award the capacity to the bidder which submits first in time a valid bid meeting any

minimum terms specified by the Releasing Customer.

 

(b) Any bid submitted by a prospective Replacement Customer shall include an e-mail address for

at least one contact person, and it is the Customer's responsibility to update e-mail address

information provided to ASC, as necessary. A bidder may not have more than one eligible bid

for the same release offer at any time. Bids shall be binding until written or electronic

notice of withdrawal is received by ASC before the end of the bid period. Bids cannot be

withdrawn after the bid period ends. Once a bid is withdrawn, that bidder may only submit a

new bid pursuant to that release offer if it is at a higher rate than the withdrawn bid.