Pine Prairie Energy Center, LLC

Original Volume No. 1

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Effective Date: 09/01/2007, Docket: RP07-563-000, Status: Effective

Original Sheet No. 248 Original Sheet No. 248 : Effective

 

HUB SERVICES AGREEMENT

(Continued)

 

(For Use Under Rate Schedules IW and IB)

 

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, EXHIBIT A 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.