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. 231 Original Sheet No. 231

 

INTERRUPTIBLE STORAGE SERVICE AGREEMENT

(Continued)

 

(For Use Under Rate Schedule ISS)

 

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.