Arlington Storage Company, LLC

Original Volume No. 1

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Effective Date: 08/24/2009, Docket: RP09-872-001, Status: Effective

Substitute Original Sheet No. 242 Substitute Original Sheet No. 242

Superseding: Original Sheet No. 242

 

HUB SERVICES AGREEMENT

(Continued)

 

(For Use Under Rate Schedules IP, IW, and IL)

 

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:

 

Hub Services 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.

 

11.2 IF DEEMED NECESSARY BY A COURT OF LAW, PURSUANT TO SECTION 7-202(2) OF THE NEW YORK

UNIFORM COMMERCIAL CODE, SHIPPER HEREBY AGREES THAT:

 

(i) THIS AGREEMENT, WITH ALL SCHEDULES AND EXHIBITS HERETO, AND ALL OF THE MONTHLY STATEMENTS

RENDERED BY ASC TO CUSTOMER PURSUANT TO THE GENERAL TERMS AND CONDITIONS CONTAINED IN ASC's

TARIFF, SHALL BE DEEMED A "WAREHOUSE RECEIPT" FOR ALL PURPOSES WITH RESPECT TO ARTICLE 7 OF

THE NEW YORK 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 ASC ON THE CONTRACT SHALL BE DEEMED TO BE THE SIGNATURE OF THE

WAREHOUSEMAN.