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withdrawn from storage at the Point(s) of Delivery.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.