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.