Caledonia Gas And Storage

First Revised Volume No. 1

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Effective Date: 09/30/2010, Docket: RP10-1032-000, Status: Effective

Original Sheet No. 62 Original Sheet No. 62

 

referred to below as “Title 75-7 of the Mississippi Code”.

In no way limiting the foregoing, such lien shall be for all charges,

present or future, for storage and/or transportation including, without

limitation, for all expenses necessary for the preservation of Gas held

by Caledonia under all of Customer’s Service Agreements or reasonably

incurred in the sale thereof pursuant to law, and such lien shall

extend to like charges and expenses in relation to all Gas under all

of Customer’s Service Agreements, whether or not such charges and

expenses relate to Gas at any time currently in Caledonia’s custody or

to Gas previously accepted from and re-Delivered to Customer. This

Agreement shall be considered a “storage agreement” as contemplated by

Title 75-7 of the Mississippi Code, but if for any reason it is deemed

by a court or tribunal of competent jurisdiction to not be such a

storage agreement, and if such court or tribunal deems a valid

warehouse receipt necessary to create, perfect, support and/or enforce

such lien, it shall be deemed that:

(a) the Gas Tariff and each Service Agreement entered into by Customer

and Caledonia, taken together with all notices (including, without

limitation, Monthly invoices) delivered by Caledonia to Customer

pursuant to this Gas Tariff and such Service Agreements, shall

collectively be deemed a valid “warehouse receipt” for all purposes

with respect to Title 7 of the Mississippi Code, regardless of when

any Gas stored pursuant to this Agreement is Delivered;

(b) the location of the warehouse is the location of the Storage

Facility;

(c) the party to whom the Gas will be Delivered, the rate of storage

and handling charges, and the description of the goods are as set forth

in the respective nomination under which such Gas was Delivered to

Caledonia;

(d) the issue date of a warehouse receipt with respect to each receipt

of Gas shall be deemed to be the date such Gas was Delivered to

Caledonia;

(e) the unique identification code of a warehouse receipt shall be

deemed to be the consecutive number of each warehouse receipt and the

date that Customer’s Gas is Delivered to Caledonia when listed in

chronological order;

(f) the signature of Caledonia on the relevant Service Agreement(s)

shall be deemed to be the signature of the warehouseman; and

(g) the Parties’ execution of Service Agreement(s) shall be deemed to

be a statement of the fact that advances have been made and/or

liabilities incurred.