Arlington Storage Company, LLC

First Revised Volume No. 1

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Effective Date: 11/08/2009, Docket: RP10-67-001, Status: Effective

First Revised Sheet No. 141 First Revised Sheet No. 141

Superseding: Superseding Original Sheet No. 141

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

11.2 Receipt and Delivery Rates. ASC has designed the facilities required to wheel, store,

inject and withdraw Gas based on "normal" operating pressures maintained by the

Transporter(s) at the Point(s) of Receipt/Delivery with allowances for reasonable

fluctuations. In the event that conditions on the Transporter's system vary substantially

from this "normal" design condition coincident with high levels of Customer receipt or

delivery activity, ASC's capability to receive or deliver the quantities set forth in its

Storage Service Agreements may be impaired, resulting in an interruption in service.

If this happens, capacity will be allocated pursuant to Section 5 of the General Terms and

Conditions of this FERC Gas Tariff. Customer agrees to indemnify and hold ASC harmless for

any loss caused by any such interruption in service.

 

12. TITLE AND RISK OF LOSS

 

12.1 Customer warrants for itself, its successors and assigns, that it will have at the time of

delivery of Gas for injection, storage, parking or wheeling hereunder either good title to

or the right to have the Gas transported or stored, sufficient to satisfy requirements of

the FERC. Customer warrants for itself, its successors and assigns, that the Gas it

delivers hereunder shall be free and clear of all liens, encumbrances, or claims whatsoever;

and that it will indemnify ASC and save it harmless from all claims, suits, actions,

damages, costs and expenses arising directly or indirectly from or with respect to the title

and/or right to Gas tendered to ASC hereunder.

 

12.2 As between Customer and ASC, (x) Customer shall be deemed to be in control and possession

of the Gas prior to delivery to ASC for wheeling, parking, storage or injection at the

Point(s) of Receipt and after redelivery by ASC to Customer at the Point(s) of Delivery,

and shall indemnify and hold ASC harmless from any damage or injury caused thereby, and

(y) ASC shall be deemed to be in control and possession of the Gas after the receipt of

Gas at the Point(s) of Receipt and until ASC's redelivery of an equivalent quantity of Gas

to Customer at the Point(s) of Delivery, and shall indemnify and hold Customer harmless

from any damage or injury caused thereby, except for damages and injuries caused by the

sole negligence of Customer. Upon receipt of Gas to be stored at the Point(s) of Receipt, ASC

shall be in exclusive control and possession of such Gas and responsible for any loss thereof,

or any and all injury or damage caused thereby, until an equivalent quantity of Gas has been

redelivered for the account of Customer at the Point(s) of Delivery, after which Customer shall

be in exclusive control and possession of such Gas and responsible for any and all injury or

damage caused thereby. ASC will obtain and maintain insurance for the replacement value of

all Customers’ working gas in storage for coverage against casualty events that result in loss

of working gas held in ASC’s Thomas Corners facility.