Bobcat Gas Storage

Original Volume No. 1

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Effective Date: 10/15/2008, Docket: RP08-608-000, Status: Effective

Original Sheet No. 153 Original Sheet No. 153

 

FORM OF SERVICE AGREEMENT

FIRM STORAGE SERVICE AGREEMENT

(For Use Under Rate Schedule FSS)

(Continued)

 

ARTICLE X WAREHOUSEMEN'S LIEN

 

CUSTOMER HEREBY ACKNOWLEDGES THAT BOBCAT SHALL BE ENTITLED TO, AND BOBCAT

HEREBY CLAIMS, A LIEN ON ALL GAS RECEIVED BY BOBCAT FROM CUSTOMER, AND ALL

PROCEEDS THEREOF, UPON SUCH RECEIPT BY BOBCAT, 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 BOBCAT SHALL BE ENTITLED TO, AND BOBCAT 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.

 

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

TEXAS UNIFORM COMMERCIAL CODE, CUSTOMER HEREBY AGREES THAT:

 

1. THIS AGREEMENT, WITH ALL SCHEDULES AND EXHIBITS HERETO, AND ALL OF THE

MONTHLY STATEMENTS RENDERED BY BOBCAT TO CUSTOMER PURSUANT TO THE

GENERAL TERMS AND CONDITIONS CONTAINED IN BOBCAT'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;

 

2. 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 13.1 OF THE

GENERAL TERMS AND CONDITIONS) AND SECTION 2.17 OF THE GENERAL TERMS AND

CONDITIONS;

 

3. 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;

 

4. 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

 

5. THE SIGNATURE OF BOBCAT ON THE CONTRACT SHALL BE DEEMED TO BE THE

SIGNATURE OF THE WAREHOUSEMAN.