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. 249 Original Sheet No. 249

 

FORM OF SERVICE AGREEMENT FOR

CAPACITY RELEASE UMBRELLA AGREEMENT UNDER

RATE SCHEDULES FSS, NNSS, FP AND FL

(Continued)

 

ARTICLE VII

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 VII - MISCELLANEOUS

 

8.1. This Agreement sets forth all understandings and agreements between the Parties

respecting the subject matter hereof, and all prior agreements, understandings

and representations, whether written or oral, respecting the subject matter hereof

are superseded by this Agreement. No modification of the terms and provisions of

this Agreement shall be made except by the execution by both Parties of a written

agreement.

 

8.2. No waiver by a Party of any default(s) by the other Party in the performance of any

provision, condition or requirement of this Agreement shall operate or be construed

as a waiver of any future default(s), whether of a like or of a different character,

nor in any manner release the defaulting Party from performance of any other provision,

condition or requirement set forth herein.

 

8.3. If any provision of this Agreement is declared null and void or voidable by a court of

competent jurisdiction, such declaration shall in no way affect the validity or

effectiveness of the other provisions of this Agreement, which shall remain in full

force and effect, and the Parties shall thereafter use their commercially reasonable

efforts to agree upon an equitable adjustment of the provisions of this Agreement with

a view to effecting its purpose.

 

8.4. No presumption shall operate in favor of or against any Party as a result of any

responsibility or role that any Party may have had in the drafting of this Agreement.

 

8.5. This Agreement shall not create any rights in third parties, and no provisions hereof

shall be construed as creating any obligations for the benefit of, or rights in favor of,

any person or entity other than ASC or Customer.

 

8.6. This Agreement may be executed in counterparts, and all such executed counterparts

shall form part of this Agreement. A signature delivered by facsimile shall be deemed

to be an original signature for purposes of this Agreement.