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. 141 Original Sheet No. 141

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

11.2 Receipt and Delivery Rates. ASC has designed the facilities required to wheel, store,

inject and withdraw Gas based on "normal" operating pressures maintained by the

Transporter(s) at the Point(s) of Receipt/Delivery with allowances for reasonable

fluctuations. In the event that conditions on the Transporter's system vary substantially

from this "normal" design condition coincident with high levels of Customer receipt or

delivery activity, ASC's capability to receive or deliver the quantities set forth in its

Storage Service Agreements may be impaired, resulting in an interruption in service.

If this happens, capacity will be allocated pursuant to Section 5 of the General Terms and

Conditions of this FERC Gas Tariff. Customer agrees to indemnify and hold ASC harmless for

any loss caused by any such interruption in service.

 

12. TITLE AND RISK OF LOSS

 

12.1 Customer warrants for itself, its successors and assigns, that it will have at the time of

delivery of Gas for injection, storage, parking or wheeling hereunder either good title to

or the right to have the Gas transported or stored, sufficient to satisfy requirements of

the FERC. Customer warrants for itself, its successors and assigns, that the Gas it

delivers hereunder shall be free and clear of all liens, encumbrances, or claims whatsoever;

and that it will indemnify ASC and save it harmless from all claims, suits, actions,

damages, costs and expenses arising directly or indirectly from or with respect to the title

and/or right to Gas tendered to ASC hereunder.

 

12.2 As between Customer and ASC, (x) Customer shall be deemed to be in control and possession

of the Gas prior to delivery to ASC for wheeling, parking, storage or injection at the

Point(s) of Receipt and after redelivery by ASC to Customer at the Point(s) of Delivery,

and shall indemnify and hold ASC harmless from any damage or injury caused thereby, and

(y) ASC shall be deemed to be in control and possession of the Gas after the receipt of

Gas at the Point(s) of Receipt and until ASC's redelivery of an equivalent quantity of Gas

to Customer at the Point(s) of Delivery, and shall indemnify and hold Customer harmless

from any damage or injury caused thereby, except for damages and injuries caused by the

sole negligence of Customer. Notwithstanding anything to the contrary set forth in this

Section 12.2, the risk of loss of any quantity of Gas wheeled through, injected into,

parked or stored in and withdrawn from the ASC storage facilities shall remain with Customer,

and ASC shall not be liable to Customer for any loss of Gas, except as may be the consequence

from the intentional or negligent act or omissions of ASC, shall be apportioned among and shared

proportionally by all Customers under Rate Schedules FSS, ISS, FP, IP and IHBS on the basis of

the percentage which each Customer's Storage Inventory as of the Day immediately preceding the

Day on which a loss occurs bore to the total amount of Gas in all Customers' Storage

Inventories on such Day.