Arlington Storage Company, LLC
Original Volume No. 1
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Effective Date: 08/24/2009, Docket: RP09-872-001, Status: Effective
Substitute Original Sheet No. 127 Substitute Original Sheet No. 127
Superseding: Original Sheet No. 127
GENERAL TERMS AND CONDITIONS
(Continued)
provisions of Section 20 of these General Terms and Conditions. The Replacement Customer must withdraw
the portion of its Maximum Storage Quantity by the end of the term of the release. In lieu of withdrawing
the portion of its Storage Inventory, the Replacement Customer can also attempt to effect a transfer of
the portion of its Storage Inventory to another storage service Customer as provided in Section 20 of
these General Terms and Conditions. If the Replacement Customer fails to withdraw or transfer the portion
of its Storage Inventory by the end of the term of its release, title to the portion of Customer's
remaining Storage Inventory will be vested, at no cost, in the Releasing Customer which released its
capacity to the Replacement Customer on a temporary basis.
4.14 ASC's Rights to Terminate Temporary Capacity Releases.
(a) In the event of a temporary release for which (1) ASC has given notice of termination of the
Releasing Customer's Storage Service Agreement pursuant to Section 28 of these General Terms
and Conditions and (2) the reservation charge specified in the effective Addendum to the
Replacement or Prearranged Replacement Customer's Capacity Release Umbrella Agreement is less
than the level of the reservation charge which the Releasing Customer was obligated to pay
ASC, then ASC shall be entitled to terminate the Addendum, upon 30 days' written notice to
the Replacement or Prearranged Replacement Customer, unless the Replacement or Prearranged
Replacement Customer agrees prior to the end of said 30-day notice period to pay for the
remainder of the term of the Addendum either (i) the reservation and commodity charges at
levels which the Releasing Customer was obligated to pay ASC, or (ii) such rate as mutually
agreed by ASC and Replacement or Prearranged Replacement Customer. Customer may elect to
pay the lesser of the two foregoing options. ASC's right to terminate the Addendum is
subject to ASC providing written notice of termination to the Replacement or Prearranged
Replacement Customer within 30 days of the determination by ASC that the Releasing Customer
no longer satisfies ASC's credit requirements. Termination of the Addendum shall not occur
prior to termination of the Releasing Customer's contract.
(b) In the event that a Customer has received 30 days' notice of termination of the Addendum
to Customer's Capacity Release Umbrella Agreement pursuant to Section 4.14(a) above for
storage service and there is Gas in storage for Customer's account at the end of such
30-day period, the Addendum shall continue in force and effect for the sole purpose of
withdrawal of said Gas by Customer until Customer's Storage Inventory is zero. ASC shall
require Customer to withdraw each Day a quantity equal to the MDWQ, or such other lesser
quantity acceptable to ASC. The requirement to withdraw storage quantities shall be
suspended on any Day to the extent that ASC cannot accommodate a nomination or withdraw
such storage quantities on such Day. Customer may also transfer title of Gas remaining
in Customer's Storage Inventory to another Customer pursuant to Section 20 of ASC's General
Terms and Conditions. In the event Customer fails to withdraw its entire Storage Inventory
within the time required by this Section, ASC shall auction any remaining