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. 225 Substitute Original Sheet No. 225
Superseding: Original Sheet No. 225
FIRM LOAN SERVICE AGREEMENT
(Continued)
(For Use Under Rate Schedule FL)
ARTICLE XI - MISCELLANEOUS
11.1. 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the subject matter hereof are superseded by this Agreement.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.
11.2. 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.
11.3. 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.
11.4. 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.
11.5. 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.
11.6. 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_______________________