Arlington Storage Company, LLC
First Revised Volume No. 1
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Effective Date: 11/08/2009, Docket: RP10-67-000, Status: Effective
Original Sheet No. 153 Original Sheet No. 153
GENERAL TERMS AND CONDITIONS
(Continued)
27. DEFAULT AND TERMINATION
27.1 Customer shall be in default under this FERC Gas Tariff or the Storage Service
Agreement if:
(a) Customer shall fail to pay any sums due to ASC hereunder and such failure continues
for a period of five (5) Business Days after written notice to Customer by ASC;
(b) Customer fails to perform any of its material covenants or obligations under this
FERC Gas Tariff or the Storage Service Agreement, other than obligations to make
payments to ASC., and Customer does not remedy such failure within a period of thirty
30) days after receipt of a notice from ASC;
(c) Customer or its guarantor becomes insolvent, as set forth in Section 3.3(i); or
(d) Customer fails to provide or maintain Financial Assurances pursuant to Section 30.
Customer shall indemnify and hold harmless ASC from and against any costs or losses
resulting from (a), (b), (c), (d) above.
27.2 In the event of any Default by Customer, in addition to all other remedies available
to it pursuant to the Storage Service Agreements or at law and in equity, ASC may
do any or all of the following:
(a) refuse to accept any further deliveries of Gas from or on behalf of Customer pursuant
to all or any transactions;
(b) refuse to deliver Gas to or on behalf of Customer pursuant to all or any transactions;
(c) set off any amount owing by ASC to Customer pursuant to any transaction(s) against
amounts otherwise owing by Customer to ASC pursuant to any other transaction(s);
(d) suspend performance until Customer corrects the default in full;
(e) terminate the Customer's Storage Service Agreement, provided that ASC shall provide not
less than thirty (30) days notice of such termination to the Customer and to FERC; and
(f) assert any liens or other interests, consistent with applicable law, against any Gas
Customer may have remaining on ASC's system.