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. 230 Original Sheet No. 230

 

INTERRUPTIBLE STORAGE SERVICE AGREEMENT

(Continued)

 

(For Use Under Rate Schedule ISS)

 

ARTICLE VII - TRANSFER AND ASSIGNMENT OF ALL AGREEMENTS

 

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

as an entirety, of ASC or of Customer, as the case may be, shall be entitled to the rights and shall

be subject to the obligations of its predecessor in title under this Agreement. Otherwise, no

assignment of this Agreement or any of the rights or obligations thereunder shall be made by

Customer, except pursuant to the General Terms and Conditions of ASC's FERC Gas Tariff.

 

It is agreed, however, that the restrictions on assignment contained in this Article shall not

in any way prevent either Party to the Agreement from pledging or mortgaging its rights thereunder

as security for its indebtedness.

 

ARTICLE VIII - LAW OF AGREEMENT

 

THE INTERPRETATION AND PERFORMANCE OF THIS AGREEMENT SHALL BE IN ACCORDANCE WITH AND CONTROLLED BY

THE LAWS OF THE STATE OF NEW YORK, WITHOUT REGARD TO DOCTRINES GOVERNING CHOICE OF LAW.

 

ARTICLE IX - LIMITATION OF REMEDIES, LIABILITY AND DAMAGES

 

Unless expressly herein provided, neither Party shall be liable to the other for indirect, special,

consequential, incidental, punitive or exemplary damages.

 

ARTICLE X - PRIOR AGREEMENTS CANCELLED

 

ASC and Customer agree that this Agreement, as of the date hereof, shall supersede and cancel the

following Agreement(s) between the parties hereto:

 

Storage Service Agreement dated ___________________, ____.