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.