Caledonia Gas And Storage

Original Volume No. 1

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Effective Date: 12/05/2007, Docket: RP08- 57-000, Status: Effective

First Revised Sheet No. 76 First Revised Sheet No. 76 : Effective

Superseding: Superseding Original Sheet No. 76

and notices to Customer shall be addressed to the following:

_______________________________________

_______________________________________

_______________________________________

Attention: ___________________________

Phone: ___________________________

Fax: ___________________________

 

until changed by either Party by written notice.

 

Section 5. Superseded Agreements. This Service Agreement supersedes and

cancels, as of the effective date hereof, the following Service

Agreements:

 

 

Section 6. WAREHOUSEMEN’S LIEN.

 

6.1 CUSTOMER HEREBY ACKNOWLEDGES THAT CALEDONIA SHALL BE ENTITLED TO, AND

CALEDONIA HEREBY CLAIMS, A LIEN ON ALL GAS RECEIVED BY CALEDONIA FROM

CUSTOMER, AND ALL PROCEEDS THEREOF, UPON SUCH RECEIPT BY CALEDONIA, 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 CALEDONIA SHALL BE ENTITLED TO,

AND CALEDONIA 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 THE LAW, AND THAT SUCH LIEN SHALL EXTEND TO LIKE

CHARGES AND EXPENSES IN RELATION TO ALL SUCH RECEIVED GAS.

 

 

6.2 IF DEEMED NECESSARY BY A COURT OF LAW, PURSUANT TO SECTION 7.202 OF THE

TEXAS UNIFORM COMMERCIAL CODE, CUSTOMER HEREBY AGREES THAT:

 

 

 

 

(i) THIS SERVICE AGREEMENT, WITH ALL APPENDICIES ATTACHED HERETO, AND ALL OF

THE MONTHLY STATEMENTS RENDERED BY CALEDONIA TO CUSTOMER PURSUANT TO THE

GENERAL TERMS AND CONDITIONS CONTAINED IN CALEDONIA’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 THIS

SERVICE AGREEMENT IS RECEIVED;