American Midstream (AlaTenn), LLC

Fifth Revised Volume No. 1

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Effective Date: 05/01/2010, Docket: RP10-493-000, Status: Effective

Original Sheet No. 159 Original Sheet No. 159

 

GENERAL TERMS AND CONDITIONS (continued)

 

9. WARRANTY OF TITLE OF GAS

 

This Section 9 shall apply to all Transportation Service unless otherwise provided

in the

applicable Rate

Schedule or transportation contract. Shipper or PDA Party warrants for itself, its

successors and

assigns, that it will have, at the time of delivery of gas for transportation

hereunder, good title or

the right

to acquire title for the delivery of the gas. Transporter warrants for itself, its

successors and

assigns,

that the gas it warrants hereunder shall be free and clear of all liens,

encumbrances and claims

whatsoever, that each will have at such time of delivery good right and/or title to

deliver the gas,

that

each will indemnify the other and save it harmless from all suits, actions, debts,

accounts,

damages,

costs, losses, and expenses arising from or out of any adverse claims of any and

all persons to

said gas

and/or to royalties, taxes, license fees, or charges thereon which are applicable

for such delivery

of 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 or PDA Party's title or right to deliver gas to be

transported is

questioned or involved in any action Shipper or PDA Party shall not qualify for or

shall be

ineligible to

continue to receive service until such time as Shipper's or PDA 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 or PDA Party 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 as

provided in

Section 3.7 (and title to gas delivered for fuel and losses quantities shall pass to

Transporter upon

delivery at the Receipt Point(s)).

 

10. PRIORITY OF SERVICE

 

Deliveries under Transporter's Rate Schedules shall be made in accordance with

the provisions

of

Sections 3 and 22 of these General Terms and Conditions.