Nautilus Pipeline Company, LLC

Original Volume No. 1

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Effective Date: 12/01/1997, Docket: CP96-790-004, Status: Effective

Substitute Original Sheet No. 107 Substitute Original Sheet No. 107 : Effective

Superseding: Original Sheet No. 107

GENERAL TERMS AND CONDITIONS

 

 

6. WARRANTY OF TITLE

 

Shipper warrants for itself, its successor and assigns, that

it will have, at the time of delivery of Natural Gas to

Transporter for transportation hereunder, good and

merchantable title to the Natural Gas to be delivered to

Transporter's Pipeline Facilities and that all such Natural

Gas shall be free and clear of all liens, encumbrances and

claims whatsoever, or good right to tender Natural Gas for

transportation (and all necessary authorizations related

thereto). Transporter warrants for itself, its successors

and assigns, that the Natural Gas it delivers hereunder to or

for the account of Shipper shall be free and clear of all

liens, encumbrances and claims whatsoever arising out of or

relating to Transporter's transportation of Natural Gas.

Each party will indemnify the other and save it harmless from

all suits, actions, debts, accounts, damages, costs, losses

and expenses arising from or out of the indemnifying party's

breach of the foregoing warranty, including adverse claims of

any and all Persons to said Natural Gas and/or to royalties,

taxes, license fees, or charges thereon which are applicable

for such delivery of Natural Gas, and that each will

indemnify the other and save it harmless from all taxes or

assessments which may be levied and assessed upon such

delivery and which are by law payable by and the obligation

of the party making such delivery. If Shipper's title or

right to deliver Natural Gas to Transporter is questioned or

involved in any action, Shipper shall not qualify for and

shall be ineligible to continue to receive service until such

time as Shipper's title or right to deliver is free from

question; provided, however, Transporter shall allow Shipper

to qualify for or continue receiving service under this

Tariff if Shipper furnishes a bond satisfactory to

Transporter. Title to the Natural Gas received by

Transporter at the Point(s) of Receipt shall not pass to

Transporter except that title to Natural Gas delivered for

loss and unaccounted for quantities shall pass to Transporter

at the Point(s) of Receipt.