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. 248 Original Sheet No. 248
FORM OF SERVICE AGREEMENT FOR
CAPACITY RELEASE UMBRELLA AGREEMENT UNDER
RATE SCHEDULES FSS, NNSS, FP AND FL
(Continued)
(a) ASC: __________________________________
__________________________________
__________________________________
(b) Replacement Customer: __________________________________
__________________________________
__________________________________
or such other address as either Party shall designate by formal written notice. In all instances,
the Parties shall use their best efforts to provide notice by facsimile prior to 5 p.m. Eastern
Time. Notice received before 5 p.m. Eastern Time shall be deemed effective the day of receipt.
Notice received after 5 p.m. Eastern Time shall be deemed effective the day following receipt.
ARTICLE V
INTERPRETATION
THE INTERPRETATION AND PERFORMANCE OF THIS CAPACITY RELEASE UMBRELLA AGREEMENT SHALL BE IN
ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK, WITHOUT RECOURSE TO THE LAW GOVERNING CONFLICT OF LAWS.
This Capacity Release Umbrella Agreement and the obligations of the parties are subject to
all present and future valid laws with respect to the subject matter, either State or Federal, and
to all valid present and future orders, rules, and regulations of duly constituted authorities
having jurisdiction.
ARTICLE VI
RELATIONSHIP BETWEEN REPLACEMENT CUSTOMER
AND RELEASING CUSTOMER
The parties recognize that, pursuant to Commission orders, Releasing Customer may require
that the Replacement Customer agree that a breach of this Capacity Release Umbrella Agreement,
including a failure to pay, or to pay timely, by Replacement Customer under this Capacity Release
Umbrella Agreement, constitutes a breach of contract as between Replacement Customer and Releasing
Customer. The existence of such an agreement will be indicated on the appropriate Addendum to
this Capacity Release Umbrella Agreement. If Replacement Customer fails to pay ASC, fails to
timely pay ASC, or otherwise breaches this Capacity Release Umbrella Agreement with ASC:
(a) both Replacement Customer and Releasing Customer (except to the extent otherwise provided in
Section 4 of the General Terms and Conditions and except with respect to penalties attributable to
Replacement Customer's conduct) shall be liable to ASC for such failure to pay or breach (it being
understood that nothing in this Article VI relieves Releasing Customer from responsibility to pay ASC
in accordance with its Storage Service Agreements with ASC) and (b) if, as a result of such breach by
Replacement Customer, Releasing Customer is accordingly required to pay ASC or otherwise perform,
Releasing Customer may have a cause of action for breach against Replacement Customer.