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. 133 Original Sheet No. 133
Title Transfer Fee, if applicable __________
Customer agrees to pay Caledonia all charges as described in the AISS
Rate
Schedule, as specified in this Agreement.
5. POINT OF INJECTION / WITHDRAWAL:
_______________________________________
6. SPECIAL TERMS AND CONDITIONS:
7. SECURITY INTEREST: IN ADDITION TO, AND NOT IN SUBSTITUTION FOR, ANY
LIEN CREATED IN FAVOR OF CALEDONIA PURSUANT TO MISS. CODE Ann. §
75-7-209, OR ANY OTHER LAW, CUSTOMER GRANTS TO AND IN FAVOR OF
CALEDONIA A SECURITY INTEREST IN CUSTOMER’S STORAGE INVENTORY
(WHETHER DELIVERED TO CALEDONIA ON THE EFFECTIVE DATE HEREOF OR ANY
DATE THEREAFTER) AND ALL PROCEEDS RELATED THERETO (INCLUDING, WITHOUT
LIMITATION, INSURANCE PROCEEDS RELATED TO DAMAGE OR LOSS OF STORAGE
INVENTORY) AS SECURITY FOR PAYMENT OF ALL FEES AND OTHER AMOUNTS OWED
BY CUSTOMER TO CALEDONIA IN CONNECTION WITH THIS AGREEMENT (INCLUDING,
WITHOUT LIMITATION, INTEREST ACCRUED UNDER THIS AGREEMENT AND
REASONABLE ATTORNEYS’ FEES AND EXPENSES THAT MAY BE INCURRED BY
CALEDONIA TO PRESERVE OR PROTECT ITS INTERESTS UNDER THIS AGREEMENT OR
IN DEFENSE OF THIRD-PARTY CLAIMS RELATED TO THE STORAGE INVENTORY).
CUSTOMER AUTHORIZES CALEDONIA TO FILE SUCH FINANCING STATEMENTS AND
OTHER INSTRUMENTS AS IT DEEMS NECESSARY TO PERFECT ITS SECURITY
INTEREST IN SUCH GOOD AND PROCEEDS TO SECURE PAYMENT OF SUCH FEES AND
OTHER AMOUNTS OWED BY CUSTOMER TO CALEDONIA. SUCH SECURITY INTEREST
SHALL BE A FIRST PRIORITY SECURITY INTEREST AND CUSTOMER SHALL CAUSE
ALL OTHER HOLDERS OF A SECURITY INTEREST IN SUCH STORAGE INVENTORY TO
DELIVER TO CALEDONIA AN ACKNOWLEDGEMENT, RELEASE AND/OR SUBORDINATION
AGREEMENT (SATISFACTORY TO CALEDONIA IN ITS REASONABLE DISCRETION) THAT
CALEDONIA’S INTEREST IS OF FIRST PRIORITY.
8. OTHER: No assignment of the rights and obligations hereunder shall
be effective unless effectuated in accordance with the terms of the
Tariff. This Agreement shall be binding upon and inure to the benefit
of the respective authorized successors and assigns. No modification
of this Agreement shall be effective until executed in writing by both
Caledonia and Customer. This Agreement may be terminated only in
accordance with the terms of the Tariff. All indemnification
obligations and assumptions of liability shall survive any termination
of this Agreement. THIS AGREEMENT IS GOVERNED BY THE LAWS OF THE STATE
OF MISSISSIPPI, EXCLUDING CONFLICTS-OF-LAW RULES THAT MIGHT GIVE
REFERENCE TO THE LAWS OF ANOTHER JURISDICTION.
9. PROCEDURES: If the foregoing accurately reflects Customer’s
understanding of the terms of the transaction agreed to by Customer
and Caledonia, Customer shall sign and return this Agreement to
Caledonia. If any changes are required to reflect Customer’s
understanding, Customer must notify Caledonia in writing of the
changes required to reflect Customer’s understanding. If Customer
fails to notify Caledonia in writing of such changes, the terms herein
shall, in accordance with Section 3.1 of the Tariff, be deemed for all
purposes to correctly set forth the terms of the transaction agreed to
by Caledonia and Customer.
Sign and fax this Agreement within 3 days to: