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. 152 Original Sheet No. 152

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

23. JOINT OBLIGATIONS

 

When Customer under a Storage Service Agreement consists of two or more persons, the

obligations of such persons under such agreement shall be joint and several and,

except as otherwise provided, any action provided to be taken by Customer shall

be taken by such persons jointly.

 

24. NONDISCRIMINATORY WAIVER OF TARIFF PROVISIONS AND NONWAIVER OF FUTURE DEFAULTS

 

ASC may waive any of its rights hereunder or any obligations of Customer on a basis

which is not unduly discriminatory; provided that no waiver by either Customer or

ASC of any one or more defaults by the other in the performance of any provision of the

Storage Service Agreement between Customer and ASC shall operate or be construed as a

waiver of any future default or defaults, whether of a like or of a different character.

 

25. MODIFICATION

 

No modification to the terms and provisions of any Storage Service Agreement or exhibit

thereto shall be or become effective except by the execution of a superseding Storage

Service Agreement or exhibit thereto.

 

26. SUCCESSORS IN INTEREST

 

Any company which shall succeed by purchase, merger, consolidation or otherwise to the

properties substantially as an entirety, of ASC or of Customer, shall be entitled to

the rights and shall be subject to the obligations of its predecessors in title under a

Storage Service Agreement. In accordance with the capacity release procedures set forth in

Section 4 of the General Terms and Conditions, Customer may, without relieving itself of its

obligations under such Storage Service Agreement, assign any of its rights and obligations

thereunder to another shipper, but otherwise no assignment of such Storage Service Agreement,

or of any of the rights or obligations thereunder shall be made unless there first shall have

been obtained the consent thereto of ASC, in the event of any assignment by Customer, or the

consent thereto of Customer, in the event of an assignment by ASC. These restrictions on

assignment shall not in any way prevent any party from pledging or mortgaging its rights

under a Storage Service Agreement as security for its indebtedness.