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. 236 Original Sheet No. 236

 

INTERRUPTIBLE HOURLY BALANCING SERVICE AGREEMENT

(Continued)

 

(For Use Under Rate Schedule IHBS)

 

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 ___________________, ____.

 

ARTICLE XI - WAREHOUSEMEN'S LIEN

 

11.1 CUSTOMER HEREBY ACKNOWLEDGES THAT ASC SHALL BE ENTITLED TO, AND ASC HEREBY CLAIMS, A LIEN ON ALL

GAS RECEIVED BY ASC FROM CUSTOMER, AND ALL PROCEEDS THEREOF, UPON SUCH RECEIPT BY ASC, AS PROVIDED

IN SECTION 7-209 OF THE NEW YORK UNIFORM COMMERCIAL CODE WITH THE RIGHTS OF ENFORCEMENT AS PROVIDED

IN SECTION 7-210 OF THE NEW YORK UNIFORM COMMERCIAL CODE THEREIN AND HEREIN. IN NO WAY LIMITING THE

FOREGOING, CUSTOMER HEREBY ACKNOWLEDGES THAT ASC SHALL BE ENTITLED TO, AND ASC HEREBY CLAIMS, A LIEN

FOR ALL CHARGES FOR STORAGE OR TRANSPORTATION (INCLUDING DEMURRAGE AND TERMINAL CHARGES), INSURANCE,

LABOR, OR CHARGES PRESENT OR FUTURE IN RELATION TO THE RECEIVED GAS, AND FOR EXPENSES NECESSARY FOR

PRESERVATION OF THE RECEIVED GAS OR REASONABLY INCURRED IN THE SALE THEREOF, PURSUANT TO LAW, AND

THAT SUCH LIEN SHALL EXTEND TO LIKE CHARGES AND EXPENSES IN RELATION TO ALL SUCH RECEIVED GAS.