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. 246 Substitute Original Sheet No. 246

Superseding: Original Sheet No. 246

 

FORM OF SERVICE AGREEMENT FOR

CAPACITY RELEASE UMBRELLA AGREEMENT UNDER

RATE SCHEDULES FSS, NNSS, FP AND FL

 

This Capacity Release Umbrella Agreement, made and entered into this ___ day of

_________, ______by and between___________________ , a _______________ (herein called

"Replacement Customer"), and ARLINGTON STORAGE COMPANY, LLC, a Delaware limited liability

company herein called "ASC", (each of ASC and Customer, a "Party," and collectively, the

"Parties").

 

W I T N E S S E T H:

 

WHEREAS,

 

NOW, THEREFORE, for and in consideration of the mutual covenants and promises herein

contained, the Replacement Customer and ASC hereby agree as follows:

 

ARTICLE I

SCOPE OF AGREEMENT

 

Subject to the terms, conditions and limitations hereof, so long as the financial evaluation

and credit appraisal requirements are met in order for Replacement Customer to be on ASC's approved

bidder list for capacity releases and to execute this Capacity Release Umbrella Agreement pursuant

to Section 4 of the General Terms and Conditions of ASC's FERC Gas Tariff, and this Capacity Release

Umbrella Agreement is effective, Replacement Customer may bid from time to time on proposed capacity

releases under Rate Schedules FSS, NNSS, FP and FL pursuant to the procedure set forth in Section 4

of ASC's General Terms and Conditions. If at any time a bid submitted by Replacement Customer is

accepted by ASC with respect to a given capacity release, ASC will promptly finalize the appropriate

Addendum to this Capacity Release Umbrella Agreement, in the format attached hereto. The parties agree

that each Addendum is an integral part of this Capacity Release Umbrella Agreement as if executed by

the parties hereto and fully copied and set forth herein at length and is binding on the parties hereto.

Upon finalization of such Addendum, Replacement Customer and ASC agree that Replacement Customer shall

be considered for all purposes as a Customer with respect to the released service.

 

Upon the finalization of an Addendum, subject to the terms, conditions and limitations hereof

and of ASC's Rate Schedules FSS, NNSS, FP and FL, ASC agrees to provide the released service for

Replacement Customer under the applicable Rate Schedule, provided however, the Replacement Customer

shall have qualified under the financial evaluation and credit appraisal requirements set forth in

Section 3 of ASC's General Terms and Conditions at the time it submitted the bid ASC accepted with

respect to such release.

 

Replacement Customer hereby agrees promptly to provide any information necessary for ASC to

reevaluate ASC's credit appraisal as contemplated by Section 3 of ASC's General Terms and Conditions

and to advise ASC of any material change in the information previously provided by the Replacement

Customer to ASC.