Arlington Storage Company, LLC

Original Volume No. 1

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Effective Date: 08/24/2009, Docket: RP09-872-001, Status: Effective

Substitute Original Sheet No. 212 Substitute Original Sheet No. 212

Superseding: Original Sheet No. 212

 

NO-NOTICE STORAGE SERVICE AGREEMENT

(Continued)

(For Use Under Rate Schedule NNSS)

 

ARTICLE X - MISCELLANEOUS

 

10.1. This Agreement sets forth all understandings and agreements between the Parties respecting

the subject matter hereof, and all prior agreements, understandings and representations,

whether written or oral, respecting the subject matter hereof are superseded by this Agreement.

No modification of the terms and provisions of this Agreement shall be made except by the

execution by both Parties of a written agreement.

 

10.2. No waiver by a Party of any default(s) by the other Party in the performance of any provision,

condition or requirement of this Agreement shall operate or be construed as a waiver of any

future default(s), whether of a like or of a different character, nor in any manner release

the defaulting Party from performance of any other provision, condition or requirement set

forth herein.

 

10.3. If any provision of this Agreement is declared null and void or voidable by a court of competent

jurisdiction, such declaration shall in no way affect the validity or effectiveness of the other

provisions of this Agreement, which shall remain in full force and effect, and the Parties shall

thereafter use their commercially reasonable efforts to agree upon an equitable adjustment of the

provisions of this Agreement with a view to effecting its purpose.

 

10.4. No presumption shall operate in favor of or against any Party as a result of any responsibility

or role that any Party may have had in the drafting of this Agreement.

 

10.5. This Agreement shall not create any rights in third parties, and no provisions hereof

shall be construed as creating any obligations for the benefit of, or rights in favor of,

any person or entity other than ASC or Customer.

 

10.6. This Agreement may be executed in counterparts, and all such executed counterparts

shall form part of this Agreement. A signature delivered by facsimile shall be

deemed to be an original signature for purposes of this Agreement.

 

IN WITNESS WHEREOF, the Parties have caused this Agreement to be duly executed in several counterparts

by their authorized agents as of the date first written above.

 

ARLINGTON STORAGE COMPANY, LLC

 

 

By _________________________

 

Title_______________________

 

 

 

Customer____________________

 

 

By _________________________

 

Title_______________________