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. 151 Original Sheet No. 151
Evaluation Criteria (if applicable):
Were contingent bids accepted? Yes_____ No_____
Contingency comments (if applicable):
Other Terms and Conditions of Release (e.g., restrictions on
release, third party agent and terms of third party agency
relationship, and agreements between Replacement Customer and
Releasing Customer)
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, Replacement Customer grants to and in
favor of Caledonia a security interest in Replacement 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 Replacement 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
Replacement 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.
This Addendum entered into, pursuant to Caledonia’s capacity release
program and to the executed Capacity Release Umbrella Agreement between
Caledonia and the Replacement Customer, is hereby made a part of and
subject to the aforementioned Capacity Release Umbrella Agreement.
CALEDONIA ENERGY PARTNERS, L.L.C.
By: Enstor Operating Company, LLC, its Manager
By: ____________________________________________
Title: __________________________________________
REPLACEMENT CUSTOMER
By:_____________________________________________
Title: _____________________________________________
Date: _____________________________________________