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.