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.