Arlington Storage Company, LLC
First Revised Volume No. 1
Contents / Previous / Next / Main Tariff Index
Effective Date: 11/08/2009, Docket: RP10-67-000, Status: Effective
Original Sheet No. 122 Original Sheet No. 122
GENERAL TERMS AND CONDITIONS
(Continued)
capacity rights, or as otherwise agreed. If the Replacement Customer fails to pay when due all or
part of the amounts credited to the Releasing Customer, ASC shall pursue payment from the Replacement
Customer by notifying such Customer by registered letter, return receipt requested, that it has five
(5) days from receipt of such letter to pay the amount due including any applicable interest.
If the Replacement Customer fails to pay such amount by the end of the fifth day, ASC shall reverse the
credit and bill the Releasing Customer for such past due amounts, plus applicable interest. In the
case of a permanent release of capacity transaction where the Replacement Customer pays reservation
charges at least equal to the reservation charges in the Releasing Customer's Firm Storage Service
Agreement, ASC shall no longer account to Releasing Customer, or expect any payment from Releasing
Customer, for charges associated with the capacity subject to permanent release.
4.11 Rights and Obligations of the Parties.
(a) The Storage Service Agreement between the Releasing Customer and ASC shall remain
in full force and effect with the Releasing Customer to receive a credit to its invoice
as described in Section 4.10 above. If the Replacement Customer fails to pay all or
part of the amounts credited to the Releasing Customer after the five Day notification
period specified in Section 4.10, ASC shall reverse the credit and bill the Releasing
Customer for such past due amounts, plus applicable interest. The Storage Service
Agreement executed by the Replacement Customer shall be fully effective and enforceable
by and against the Replacement Customer. The Replacement Customer may also release
capacity pursuant to this Section, and in such event and for such purposes, shall be
considered the Releasing Customer.
(b) ASC shall accept nominations, schedule service, afford priority of service and interrupt
service based on instructions and communications from the Releasing Customer and the Replacement Customer
which are consistent with one another and with the terms and conditions of ASC's FERC Gas Tariff and their
respective Storage Service Agreements. In the event that instructions or nominations from the Releasing
Customer and Replacement Customer are, in ASC's opinion, inconsistent or conflicting, ASC shall comply
with the instructions of the Releasing Customer; provided, however, that such instructions must not be
inconsistent with ASC's FERC Gas Tariff or the terms of either the Releasing Customer's or Replacement
Customer's Storage Service Agreement, in ASC's opinion. The Releasing Customer will indemnify ASC against
any claim or suit by the Replacement Customer, its successors or assigns arising from any action taken by
ASC in reliance upon the Releasing Customer's nominations and instructions and will hold ASC harmless for
any action taken by ASC in reliance upon the nominations and scheduling instructions of the Replacement
Customer; provided, however, that the Releasing Customer shall not be liable for the Replacement
Customer's failure to pay the usage charges (plus all applicable surcharges, Fuel Reimbursement, taxes,
penalties, etc.) billed to the Replacement Customer and attributable to its usage of the released
capacity. The Replacement Customer will indemnify ASC against any claim or suit by the Releasing
Customer, its successors or assigns, arising from any action taken by ASC in reliance upon the
nominations and scheduling instructions of the Replacement Customer and will hold ASC harmless
for any actions taken by ASC in reliance upon the instructions of the Releasing Customer.