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. 159 Original Sheet No. 159
FORM OF SERVICE AGREEMENT
INTERRUPTIBLE STORAGE SERVICES AGREEMENT
(For Use Under Rate Schedule ISS)
(Continued)
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 hereunder 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 TEXAS, WITHOUT REGARD TO
DOCTRINES GOVERNING CHOICE OF LAW.
ARTICLE IX - PRIOR AGREEMENTS CANCELLED
Bobcat and Customer agree that this Agreement, as of the date hereof, shall
supersede and cancel the following Agreement(s) between the parties hereto:
Interruptible Storage Service Agreement dated _______________________
IN WITNESS WHEREOF, the parties to this Agreement have caused this Agreement
to be duly executed in several counterparts by their proper officers thereunto
duly authorized as of the date first hereinabove written.
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;