Monroe Gas Storage Company, LLC

Original Volume No. 1

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Effective Date: 04/21/2010, Docket: RP09-447-004, Status: Effective

First Revised Sheet No. 303 First Revised Sheet No. 303

Superseding: Original Sheet No. 303

 

FORM OF SERVICE AGREEMENT

(APPLICABLE TO RATE SCHEDULE FSS)

(Continued)

 

Section 8. Warehousemen’s Lien.

 

(a) CUSTOMER HEREBY ACKNOWLEDGES THAT OPERATOR SHALL BE ENTITLED TO, AND

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

ALL PROCEEDS THEREOF, UPON SUCH RECEIPT BY OPERATOR, AS PROVIDED IN SECTION 7-209

OF THE NEW YORK UNIFORM COMMERCIAL CODE WITH THE RIGHTS OF ENFORCEMENT AS PROVIDED

THEREIN AND HEREIN. IN NO WAY LIMITING THE FOREGOING, CUSTOMER HEREBY ACKNOWLEDGES

THAT OPERATOR SHALL BE ENTITLED TO, AND OPERATOR 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.

 

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

THE NEW YORK UNIFORM COMMERCIAL CODE, CUSTOMER HEREBY AGREES THAT:

 

(i) THIS AGREEMENT, WITH ALL SCHEDULES AND EXHIBITS HERETO, AND ALL

OF THE MONTHLY SCHEDULES RENDERED BY OPERATOR TO CUSTOMER PURSUANT TO THE

GENERAL TERMS AND CONDITIONS CONTAINED IN OPERATOR’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 GENERAL TERMS AND CONDITIONS, EXHIBIT B OF THIS

AGREEMENT, SECTION 3 OF THIS AGREEMENT (CROSS-REFERENCING THE THEN CURRENT

RATE SCHEDULE FSS FOR MONROE GAS STORAGE COMPANY, LLC AND GENERAL TERMS AND

CONDITIONS OF OPERATOR’S TARIFF ON FILE WITH THE FEDERAL ENERGY REGULATORY

COMMISSION, AND EXHIBIT A TO THIS AGREEMENT) AND SECTIONS 1.22, 9 AND 10 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 OPERATOR ON THE CONTRACT SHALL BE DEEMED TO BE

THE SIGNATURE OF THE WAREHOUSEMAN.