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. 147 Original Sheet No. 147
GENERAL TERMS AND CONDITIONS
(Continued)
17.2 Nature of Force Majeure. The term "Force Majeure" as employed herein and in
Customer's Storage Service Agreement shall mean any cause, whether of the kind
enumerated herein or otherwise, not reasonably within the control of ASC,
such as acts of God; strikes, lockouts and industrial disputes or disturbances;
inability to secure or delays in obtaining labor, materials, supplies, permits,
easements or rights-of-way, including inability to secure materials by reason of
allocations promulgated by authorized governmental agencies; arrests and restraints
of governments and people; interruptions by government or court orders; present
and future valid orders, decisions or rulings of any government or regulatory
entity having proper jurisdiction; acts of the public enemy; vandalism; wars;
riots; civil disturbances; sabotage or terrorism; blockades; insurrections;
epidemics; landslides; lightning; tornadoes; hurricanes; earthquakes; fires;
storms; floods; washouts; inclement weather which necessitates extraordinary
measures and expense to maintain operations; explosions; breakage, accidents
and/or maintenance to plant facilities including machinery, lines of pipe,
accidents and/or unscheduled maintenance of wells or subsurface storage caverns
or reservoirs; testing (as required by governmental authority or as deemed necessary
by ASC for the safe operation of the facilities required to perform the services
hereunder); and the making of repairs or alterations to pipelines, storage, and plant
facilities including Transporter's (s') pipeline repairs. It is understood and agreed
that the settlement of strikes or lockouts shall be entirely within the discretion of
ASC, and that the above requirements that any Force Majeure shall be remedied with all
reasonable dispatch shall not require the settlement of strikes or lockouts by acceding
to the demands of opposing party when such course is inadvisable in the discretion of ASC.
18. NOTICES
Any notice, request, demand, or statement provided for in Customer's Storage Service Agreement,
except as otherwise herein provided, shall be given in writing, delivered in person, by United
States Mail or via e-mail or facsimile, to the parties at the addresses shown in the executed
Storage Service Agreement or at such other addresses as may hereafter be furnished to the other
party in writing.
Any notice initially delivered by fax shall be confirmed by regular mail within one (1) week after
transmission of the fax.
19. FUEL REIMBURSEMENT
19.1 Categories of Fuel Usage. The two general categories of fuel usage are: (1) Direct
Fuel Usage, consisting of (a) compression fuel (including electricity),
(b) dehydration fuel, and (c) line heating fuel; and (2) Indirect Fuel Usage,
consisting of fuel that is consumed on site to (a) generate electricity, (b) heat
the facility (if any), and (c) fuel ASC vehicles.