Egan Hub Storage, LLC

First Revised Volume No. 1

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Effective Date: 02/01/2009, Docket: RP09-160-000, Status: Effective

Third Revised Sheet No. 142 Third Revised Sheet No. 142

Superseding: Second Revised Sheet No. 142

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

11.2 Receipt and Delivery Rates. Egan Hub has designed the facilities required to

wheel, store, inject and withdraw Gas based on "normal" operating pressures maintained by the

interconnected pipeline(s) at the Point(s) of Receipt and Point(s) of Delivery located on Egan

Hub's system with allowances for reasonable fluctuations. In the event that system conditions

on the interconnected pipeline(s) vary substantially from this "normal" design condition

coincident with high levels of Customer receipt or delivery activity, Egan Hub's capability to

receive or deliver the quantities set forth in its service agreements may be impaired,

resulting in an interruption in service. If this happens, capacity will be allocated pursuant

to Section 5 of the General Terms and Conditions of this FERC Gas Tariff. Customer shall

indemnify and hold Egan Hub harmless for any loss caused by any such interruption in service.

 

12. TITLE AND RISK OF LOSS

 

12.1 Customer warrants for itself, its successors and assigns, that it will have at

the time of delivery of Gas for wheeling, storage or injection hereunder either good title or

the right to have the Gas wheeled or stored. Customer warrants for itself, its successors and

assigns, that the Gas it delivers hereunder shall be free and clear of all liens, encumbrances,

or claims whatsoever; and that Customer will indemnify Egan Hub and save it harmless from all

claims, suits, actions, damages, costs and expenses arising directly or indirectly from or with

respect to the title and/or right to Gas tendered to Egan Hub hereunder.

 

12.2 As between Customer and Egan Hub: Customer shall be in control and possession of

the Gas prior to delivery to Egan Hub for wheeling, parking, storage or injection at the

Point(s) of Receipt located on Egan Hub's system and after redelivery by Egan Hub to Customer

at the Point(s) of Delivery located on Egan Hub's system, and shall indemnify and hold Egan Hub

harmless from any damage or injury caused thereby. Egan Hub shall be in control and possession

of the Gas after the receipt of the same at the Point(s) of Receipt and until redelivery by

Egan Hub to Customer at the Point(s) of Delivery, and shall indemnify and hold Customer

harmless from any damage or injury caused thereby, except for damages and injuries caused by

the sole negligence of Customer. The risk of loss for all Gas wheeled, injected into, parked

or stored in and withdrawn from storage shall remain with Customer, and Egan Hub shall not be

liable to Customer for any loss of Gas, except as may be occasioned due to the intentional or

negligent acts or omissions by Egan Hub. Any losses of Gas, unless due to the intentional or

negligent act or omissions of Egan Hub, shall be shared proportionally by all Customers, based

on each Customer's Storage Inventory, Park Balance and/or Loan Balance, as applicable.