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. 145 Original Sheet No. 145

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

17. FORCE MAJEURE, RESERVATION CHARGE CREDITS

 

17.1. (a) Effect of Force Majeure. In the event ASC is rendered unable, wholly

or in part, by reason of an event of Force Majeure, as defined herein,

to perform, wholly or in part, any obligation or commitment under

Customer's Storage Service Agreement, it is agreed that upon ASC's

giving notice and full particulars of such Force Majeure event on its

Internet Web Site and/or in writing to Customer within seventy-two

(72) hours after the occurrence of the cause relied on, then the

obligations of ASC shall be suspended to the extent that ASC's ability

to perform such obligations is affected by such For period, and such

cause shall as far as possible be remedied with all reasonable dispatch.

 

(b) Force Majeure and Obligation to Pay/Credit Reservation Charges. A

Customer taking firm service under Rate Schedules FSS, NNSS, FP or FL

shall not be relieved of its obligation to pay Reservation Charges

specified in such firm Rate Schedules due to an event of Force Majeure

and ASC shall include the full amount of such Reservation Charges on

the Customer's invoice for any Month in which an event of Force Majeure

shall have occurred, provided, however, that ASC shall calculate credits

against the Customer's Reservation Charges payable under Rate Schedules

FSS, NNSS, FP or FL and its Storage Service Agreement to reflect any

reduction in ASC's ability to render firm services resulting from an

event of Force Majeure declared by ASC and shall include such credits

on the firm Customer's invoice for the next succeeding Month, in accordance

with Section 17.1(c) below.