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. 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.