Garden Banks Gas Pipeline, LLC
Original Volume No. 1
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Effective Date: 04/16/1997, Docket: CP96-678-001, Status: Effective
Original Sheet No. 76 Original Sheet No. 76 : Effective
GENERAL TERMS AND CONDITIONS
8. WARRANTY OF TITLE
Shipper warrants for itself, its successors and assigns, that it will
have, at the time of delivery of gas to Transporter for
transportation hereunder, good title to the gas or the full right and
authority to deliver such gas, and that all such gas shall be free
and clear of all liens, encumbrances and claims whatsoever.
Transporter warrants for itself, its successors and assigns, that the
gas it delivers hereunder to or for the account of Shipper at the
Delivery Point(s) shall be free and clear of all liens, encumbrances
and claims whatsoever. Each party will indemnify the other and save
it harmless from all suits, actions, debts, accounts, damages, costs,
losses, and expenses (including court cost and reasonable attorney
fees) arising from or out of the indemnifying party's breach of the
foregoing warranty; including, but not limited to, adverse claims of
any and all persons to said gas and/or to royalties, taxes, license
fees, or charges which attach or relate to the gas. If Shipper's
title or right to deliver gas to Transporter is questioned or
involved in any action, Transporter may cease to allow Shipper to
continue to receive service under the impacted Transportation Service
Agreement until such time as Shipper's title or rights to deliver is
free from question; provided, however, Transporter shall allow
Shipper to qualify for or continue receiving service under this FERC
Gas Tariff and impacted Transportation Service Agreement if Shipper
furnishes a bond satisfactory to Transporter. Title to the gas
received by Transporter at the Receipt Point(s) shall not pass to
Transporter except that title to gas delivered for lost-and-
unaccounted-for quantities shall pass to Transporter at the Receipt
Point(s) or to Shipper at the Delivery Point(s) as applicable.