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. 225 Original Sheet No. 225




(For Use Under Rate Schedule FL)




11.1. 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the subject matter hereof are superseded by this Agreement.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.


11.2. 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.


11.3. 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.


11.4. 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.


11.5. 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.


11.6. 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.


IN WITNESS WHEREOF, the Parties have caused this Agreement to be duly executed in several

counterparts by their authorized agents as of the date first written above.





By _________________________








By _________________________