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.