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. 224 Substitute Original Sheet No. 224

Superseding: Original Sheet No. 224

 

FIRM LOAN SERVICE AGREEMENT

(Continued)

 

(For Use Under Rate Schedule FL)

 

ARTICLE VII - TRANSFER AND ASSIGNMENT OF ALL AGREEMENTS

 

Any company which shall succeed by purchase, merger or consolidation to the properties,

substantially as an entirety, of ASC or of Customer, as the case may be, shall be entitled

to the rights and shall be subject to the obligations of its predecessor in title under

this Agreement. Otherwise, no assignment of this Agreement or any of the rights or

obligations thereunder shall be made by Customer, except pursuant to the General Terms and

Conditions of ASC's FERC Gas Tariff.

 

It is agreed, however, that the restrictions on assignment contained in this Article shall

not in any way prevent either Party to the Agreement from pledging or mortgaging its rights

thereunder as security for its indebtedness.

 

ARTICLE VIII - LAW OF AGREEMENT

 

THE INTERPRETATION AND PERFORMANCE OF THIS AGREEMENT SHALL BE IN ACCORDANCE WITH AND CONTROLLED

BY THE LAWS OF THE STATE OF NEW YORK, WITHOUT REGARD TO DOCTRINES GOVERNING CHOICE OF LAW.

 

ARTICLE IX - LIMITATION OF REMEDIES, LIABILITY AND DAMAGES

 

Unless expressly herein provided, neither Party shall be liable to the other for indirect,

special, consequential, incidental, punitive or exemplary damages.

 

ARTICLE X - PRIOR AGREEMENTS CANCELLED

 

ASC and Customer agree that this Agreement, as of the date hereof, shall supersede and cancel

the following Agreement(s) between the parties hereto:

 

Storage Service Agreement, dated ________________, ____.