3.7 Additional Information

(a) Shipper or Potential Shipper shall promptly provide such additional

Shipper credit information as may be reasonably required by Freebird, at any

time during the term of service under a Service Agreement, to enable Freebird

to determine Shipper’s or Potential Shipper’s creditworthiness.


 


 

(b) After receipt of a request for service, Freebird may require that a

Potential Shipper furnish additional information as a prerequisite to Freebird

offering to execute a Service Agreement with such Potential Shipper. Such

information may include proof of Potential Shipper’s lawful title and/or right

to cause the Gas to be delivered to Freebird for service under this FERC Gas

Tariff and of Potential Shipper’s contractual or physical ability to cause

such Gas to be delivered to and received from Freebird.


 

3.8 Warehouse Lien. Freebird shall be entitled to, and Freebird hereby

claims, a lien on all gas delivered to Freebird by or on behalf of Shipper,

and all proceeds related thereto, as provided for under Ala. Code § 7-7-209,

with the rights of enforcement as provided herein and under Ala. Code §

7-7-101, et seq. ("Title 7 of the Alabama Code"). In no way limiting the

foregoing, such lien shall be for all charges for storage and/or

transportation including, without limitation, for all expenses necessary for

the preservation of gas held by Freebird under all of Shipper’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 Shipper’s Service Agreements, whether or not such charges and

expenses relate to gas at any time currently in Freebird’s custody or to gas

previously accepted from and re-delivered to Shipper. this Agreement shall be

considered a "storage agreement" as contemplated by Title 7 of the Alabama

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 Shipper and

Freebird, taken together with all notices (including, without limitation,

Monthly invoices) delivered by Freebird to Shipper 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 Alabama Code,

regardless of when any gas stored pursuant to this Agreement is

delivered;


 

(b) the location of the warehouse is the location of the System;


 

(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

Freebird;


 

(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

Freebird;


 

(e) the consecutive number of each warehouse receipt shall be deemed to be

the date that Shipper’s gas is delivered to Freebird when listed in

chronological order;


 

(f) the signature of Freebird on the relevant Service Agreement(s) shall be

deemed to be the signature of the warehouseman; and