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. 139 Substitute Original Sheet No. 139

Superseding: Original Sheet No. 139

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

all information necessary to permit scheduling pursuant to such requirements.

In addition, ASC will not be required to begin wheeling, injections or withdrawals

for a Customer's account unless and until the data required for nominations, provided

for in Section 8, have been confirmed by the applicable Transporter to ASC's Gas dispatcher.

 

9.4 Transportation Imbalances. In the event that ASC or Customer delivers or causes to be

delivered to Transporter at the Point(s) of Receipt or Delivery a quantity of Gas not

equal to the quantity of Gas received or taken by Customer or ASC, a "Transportation

Imbalance" may occur. Provided that ASC has taken or delivered the quantity of Gas nominated

by Customer and scheduled by Transporter, Customer shall be liable for all imbalances

under its transportation agreement with Transporter. Upon notification by Customer or

Transporter that a Transportation Imbalance exists because ASC failed to deliver or

receive the quantity of Gas nominated by Customer and scheduled by Transporter, ASC will

endeavor to correct the Transportation Imbalance subject to any restrictions imposed by

Transporter but ASC shall be solely responsible and liable for any charges, penalties,

costs and expenses incurred or payable by either party as a result of the Transportation

Imbalance. Customer agrees to use its best efforts to prevent or diminish any occurrences

of imbalances.

 

9.5 Measurement. Customer and ASC agree that the quantity of Gas delivered hereunder shall be

measured by ASC in accordance with the Transporter's pipeline tariff applicable to each

Point of Delivery/Receipt, and, as such, may be allowed to fluctuate within the applicable

measurement or flow tolerances on a daily and Monthly basis.

 

9.6 Costs and Penalties. Customer shall hold ASC harmless for all costs and penalties which

may be assessed by Transporter(s) under Customer's transportation agreement(s) with

Transporter(s), unless the costs and penalties are due to the negligence of ASC. Customer

and ASC shall cooperate with each other and with the Transporter(s) to verify delivery and

receipt of the volumes of Gas delivered hereunder on a timely basis.

 

9.7 Downstream and Upstream Transportation. Customer shall be responsible for transportation

from the Point(s) of Delivery and payment of all transportation charges relating thereto.

Customer shall be responsible for transportation to the Point(s) of Receipt and payment

of all transportation charges relating thereto.

 

10. QUALITY

 

10.1 Specifications. The Gas delivered by either party to the other hereunder shall meet the

quality specifications of the Transporter which receives or delivers such Gas at the

Point of Receipt or Delivery, as applicable, and, unless such Transporter's quality

specifications are more stringent, shall be of such quality that it shall meet at least

the following specifications: