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. 249 Substitute Original Sheet No. 249
Superseding: Original Sheet No. 249
FORM OF SERVICE AGREEMENT FOR
CAPACITY RELEASE UMBRELLA AGREEMENT UNDER
RATE SCHEDULES FSS, NNSS, FP AND FL
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 VII - MISCELLANEOUS
8.1. 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are superseded by this Agreement.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
8.2. 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.
8.3. 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.
8.4. 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.
8.5. 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.
8.6. 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.