Arlington Storage Company, LLC

Original Volume No. 1

 Contents / Previous / Next / Main Tariff Index

 

 

Effective Date: 08/24/2009, Docket: RP09-872-001, Status: Effective

Substitute Original Sheet No. 122 Substitute Original Sheet No. 122

Superseding: Original Sheet No. 122

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

capacity rights, or as otherwise agreed. If the Replacement Customer fails to pay when due all or

part of the amounts credited to the Releasing Customer, ASC shall pursue payment from the Replacement

Customer by notifying such Customer by registered letter, return receipt requested, that it has five

(5) days from receipt of such letter to pay the amount due including any applicable interest.

If the Replacement Customer fails to pay such amount by the end of the fifth day, ASC shall reverse the

credit and bill the Releasing Customer for such past due amounts, plus applicable interest. In the

case of a permanent release of capacity transaction where the Replacement Customer pays reservation

charges at least equal to the reservation charges in the Releasing Customer's Firm Storage Service

Agreement, ASC shall no longer account to Releasing Customer, or expect any payment from Releasing

Customer, for charges associated with the capacity subject to permanent release.

 

4.11 Rights and Obligations of the Parties.

 

(a) The Storage Service Agreement between the Releasing Customer and ASC shall remain in

full force and effect with the Releasing Customer to receive a credit to its invoice

as described in Section 4.10 above. If the Replacement Customer fails to pay all or

part of the amounts credited to the Releasing Customer after the five Day notification

period specified in Section 4.10, ASC shall reverse the credit and bill the Releasing

Customer for such past due amounts, plus applicable interest. The Storage Service

Agreement executed by the Replacement Customer shall be fully effective and enforceable

by and against the Replacement Customer. The Replacement Customer may also release

capacity pursuant to this Section, and in such event and for such purposes, shall be

considered the Releasing Customer.

 

(b) ASC shall accept nominations, schedule service, afford priority of service and interrupt

service based on instructions and communications from the Releasing Customer and the Replacement Customer

which are consistent with one another and with the terms and conditions of ASC's FERC Gas Tariff and their

respective Storage Service Agreements. In the event that instructions or nominations from the Releasing

Customer and Replacement Customer are, in ASC's opinion, inconsistent or conflicting, ASC shall comply

with the instructions of the Releasing Customer; provided, however, that such instructions must not be

inconsistent with ASC's FERC Gas Tariff or the terms of either the Releasing Customer's or Replacement

Customer's Storage Service Agreement, in ASC's opinion. The Releasing Customer will indemnify ASC against

any claim or suit by the Replacement Customer, its successors or assigns arising from any action taken by

ASC in reliance upon the Releasing Customer's nominations and instructions and will hold ASC harmless for

any action taken by ASC in reliance upon the nominations and scheduling instructions of the Replacement

Customer; provided, however, that the Releasing Customer shall not be liable for the Replacement

Customer's failure to pay the usage charges (plus all applicable surcharges, Fuel Reimbursement, taxes,

penalties, etc.) billed to the Replacement Customer and attributable to its usage of the released

capacity. The Replacement Customer will indemnify ASC against any claim or suit by the Releasing

Customer, its successors or assigns, arising from any action taken by ASC in reliance upon the

nominations and scheduling instructions of the Replacement Customer and will hold ASC harmless

for any actions taken by ASC in reliance upon the instructions of the Releasing Customer.