Pine Prairie Energy Center, LLC
Original Volume No. 1
Contents / Previous / Next / Main Tariff Index
Effective Date: 09/01/2007, Docket: RP07-563-000, Status: Effective
Original Sheet No. 228 Original Sheet No. 228 : Effective
INTERRUPTIBLE STORAGE SERVICE AGREEMENT
(Continued)
(For Use Under Rate Schedule ISS)
ARTICLE XI - WAREHOUSEMEN'S LIEN
11.1 CUSTOMER HEREBY ACKNOWLEDGES THAT PPEC SHALL BE ENTITLED
TO, AND PPEC HEREBY CLAIMS, A LIEN ON ALL GAS RECEIVED BY PPEC
FROM CUSTOMER, AND ALL PROCEEDS THEREOF, UPON SUCH RECEIPT BY
PPEC, AS PROVIDED IN SECTION 7-209 OF THE TEXAS UNIFORM COMMERCIAL
CODE WITH THE RIGHTS OF ENFORCEMENT AS PROVIDED THEREIN AND
HEREIN. IN NO WAY LIMITING THE FOREGOING, CUSTOMER HEREBY
ACKNOWLEDGES THAT PPEC SHALL BE ENTITLED TO, AND PPEC 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.
11.2 IF DEEMED NECESSARY BY A COURT OF LAW, PURSUANT TO
SECTION 7-202(2) OF THE TEXAS UNIFORM COMMERCIAL CODE, SHIPPER
HEREBY AGREES THAT:
(i) THIS AGREEMENT, WITH ALL SCHEDULES AND EXHIBITS HERETO, AND
ALL OF THE MONTHLY STATEMENTS RENDERED BY PPEC TO CUSTOMER
PURSUANT TO THE GENERAL TERMS AND CONDITIONS CONTAINED IN PPEC'S
TARIFF, SHALL BE DEEMED A "WAREHOUSE RECEIPT" FOR ALL PURPOSES
WITH RESPECT TO ARTICLE 7 OF THE TEXAS UNIFORM COMMERCIAL CODE,
REGARDLESS OF WHEN THE GAS STORED PURSUANT TO THE CONTRACT IS
RECEIVED;
(ii) THE LOCATION OF THE WAREHOUSE, TO WHOM THE GAS WILL BE
DELIVERED, RATE OF STORAGE AND HANDLING CHARGES, AND DESCRIPTION
OF THE GOODS ARE AS SET FORTH, RESPECTIVELY, IN THE PREAMBLE OF
THIS AGREEMENT, ARTICLE II OF THIS AGREEMENT, THE MONTHLY INVOICE
(AS DESCRIBED IN SECTION 14.1 OF THE GENERAL TERMS AND CONDITIONS)
AND SECTION 2.16 OF THE GENERAL TERMS AND CONDITIONS;
(iii) THE ISSUE DATE OF THE WAREHOUSE RECEIPT WITH RESPECT TO EACH
RECEIPT OF GAS SHALL BE DEEMED TO BE THE DATE SUCH GAS WAS
RECEIVED:
(iv) THE CONSECUTIVE NUMBER OF THE RECEIPT SHALL BE DEEMED BASED
ON THE DATES OF RECEIPT WHEN LISTED IN CHRONOLOGICAL ORDER,
BEGINNING WITH THE FIRST RECEIPT OF GAS UNDER THE TERMS OF THE
CONTRACT; AND
(v) THE SIGNATURE OF PPEC ON THE CONTRACT SHALL BE DEEMED TO BE
THE SIGNATURE OF THE WAREHOUSEMAN.