Wyckoff Gas Storage Company, LLC

Original Volume No. 1

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Effective Date: 12/31/9999, Docket: RP09- 444-000, Status: Accepted

Original Sheet No. 38 Original Sheet No. 38

 

STORAGE AND/OR TRANSPORTATION INCLUDING, WITHOUT LIMITATION, FOR ALL EXPENSES

NECESSARY FOR THE PRESERVATION OF GAS IN ALL OF CUSTOMER’S “CUSTOMER

INVENTORIES” (TAKING INTO ACCOUNT ALL EXISTING SERVICE AGREEMENTS) OR

REASONABLY INCURRED IN THE SALE THEREOF PURSUANT TO LAW, AND SUCH LIEN

SHALL EXTEND TO LIKE CHARGES AND EXPENSES IN RELATION TO ALL GAS IN ALL

OF CUSTOMER’S CUSTOMER INVENTORIES, WHETHER OR NOT SUCH CHARGES AND

EXPENSES RELATE TO GAS AT ANY TIME CURRENTLY IN SUCH CUSTOMER

INVENTORIES OR TO GAS PREVIOUSLY ACCEPTED FROM AND RE- DELIVERED T0

CUSTOMER. THIS AGREEMENT SHALL BE CONSIDERED A “STORAGE AGREEMENT” AS

CONTEMPLAIFD BY UCC ARTICLE 7, BUT IF FOR ANY REASON IT IS DEEMED BY A

COURT OF LAW OR TRIBUNAL OF COMPETENT JURISDICTION TO NOT BE SUCH A

STORAGE AGREEMENT, AND IF SUCH COURT OR TRIBUNAL DEEMS A VALID

WAREHOUSE RECEIPT NECESSARY TO CREATE, PERFECT, SUPPORT AND/OR ENFORCE

SLICH LIEN, IT SHALL BE DEEMED THAT:

 

a. THE GAS TARIFF, EACH SERVICE AGREEMENT ENTERED INTO

BY CUSTOMER AND TRANSPORTER, AND ALL CONFIRMATIONS (I.E., APPENDIX A)

UNDER SUCH SERVICE AGREEMENTS, TAKEN TOGETHER With ALL NOTICES

(INCLUDING, WITHOUT LIMITATION, MONTHLY INVOICES) DELIVERED BY

TRANSPORTER TO CUSTOMER PURSUANT TO This GAS TARIFF AND SUCH SERVICE

AGREEMENTS, SHALL COLLECTIVELY BE DEEMED A VALID “WAREHOUSE RECEIPT”

FOR ALL PURPOSES WITH RESPECT TO UCC ARTICLE 7, REGARDLESS OF WHEN ANY

GAS STORED PURSUANT TO This GAS TARIFF AND SUCH SERVICE AGREEMENTS IS

DELIVERED;

 

b. THE LOCATION OF THE WAREHOUSE IS THE LOCATION OF THE

UNDERLYING FACILITIES SERVICING TRANSPORTER’S STORAGE FACILITY;

 

c. THE PARTY TO WHOM THE GAS WILL BE DELIVERED, THE RATE

OF STORAGE AND HANDLING CHARGES, AND THE DESCRIPTION OF THE GOODS ARE

AS SET FORTH IN THE RESPECTIVE NOMINATION UNDER WHICH SUCH GAS WAS

DELIVERED TO TRANSPORTER;

 

d. THE ISSUE DATE OF A WAREHOUSE RECEIPT WITH RESPECT TO

EACH RECEIPT OF GAS SHALL BE DEEMED TO BE THE DATE SUCH GAS WAS

DELIVERED TO TRANSPORTER;

 

e. THE CONSECUTIVE NUMBER OF EACH WAREHOUSE RECEIPT

SHALL BE DEEMED TO BE THE DATE THAT CUSTOMER’S GAS IS DELIVERED TO

TRANSPORTER WHEN LISTED IN CHRONOLOGICAL ORDER;

 

f. THE SIGNATURE OF TRANSPORTER ON THE RELEVANT SERVICE

AGREEMENT(S) SHALL BE DEEMED TO BE THE SIGNATURE OF THE WAREHOUSEMAN;

AND

 

g. AN ACCEPTANCE OF CUSTOMER'S NOMINATION PURSUANT TO

THIS GAS TARIFF AND THE RELEVANT SERVICE AGREEMENT(S) AND/OR THE

ISSUANCE OF A CONFIRMATION BY TRANSPORTER TO CUSTOMER