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;