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