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.