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
(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.