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. 134 Original Sheet No. 134
GENERAL TERMS AND CONDITIONS
(Continued)
(j) Liability of ASC: ASC shall not be liable for any costs incurred by any
Customer or point operator in complying with an Action Alert or OFO.
ASC shall not be responsible for any damages that result from any interruption
in service that is a result of a Customer's or point operator's failure to comply
promptly and fully with an Action Alert or OFO, and the non-complying Customer or
point operator shall indemnify ASC against any claims of responsibility. However,
ASC shall use reasonable efforts to minimize any such costs or damages.
(k) Unilateral Action: In the event that (l) Customer(s) or point operator(s) does (do)
not respond to an OFO, or (2) the actions taken thereunder are insufficient to correct
the system problem for which the OFO was issued, or (3) there is insufficient time to
carry out the procedures with respect to OFOs, ASC may take unilateral action, including
the curtailment of firm service, to maintain the operational integrity of ASC's system.
For purposes of this Section, the operational integrity of ASC's system shall encompass
the integrity of the physical system and the preservation of physical assets and their
performance, the overall operating performance, the overall operating performance of
the entire physical system, as an entity, and the maintenance (on a reliable and
operationally sound basis) of total system deliverability and the quality of Gas
delivered.
6. STORAGE OPERATIONS
6.1 Customer shall tender or cause to be tendered to ASC at the Point(s) of Receipt any Gas
which Customer desires to have injected into storage plus applicable Fuel Reimbursement
volumes. Customer shall also receive or cause to be received Gas requested to be
withdrawn from storage at the Point(s) of Delivery.
6.2 Subject to the operating conditions then existing on the delivering or receiving pipelines,
ASC shall receive Gas for injection from Customer at the Point(s) of Receipt and deliver
Gas to Customer at the Point(s) of Delivery as scheduled by Customer from time to time;
provided that ASC shall not be obligated to receive for injection any quantity of Gas if
the injection of the same would cause the quantity of Gas stored for Customer's account
to exceed Customer's Maximum Storage Quantity; nor shall ASC be obligated at any time
to deliver more Gas to Customer than Customer has stored in its Storage Inventory or
Park Balance, as applicable, or to receive from Customer more Gas than Customer has
outstanding in its Loan Balance.