Centerpoint Energy Gas Transmission Company

Sixth Revised Volume No. 1

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Effective Date: 02/28/2003, Docket: RP03-239-000, Status: Effective

Original Sheet No. 439 Original Sheet No. 439 : Effective

 

GENERAL TERMS AND CONDITIONS

(continued)

 

6. POSSESSION OF GAS:

 

6.1 Control and Possession. As between Shipper and Transporter,

Shipper shall be deemed to be in exclusive control and possession

of the Gas prior to the delivery of such Gas to Transporter at the

Point(s) of Receipt and after the Gas has been tendered to or for

the account of Shipper by Transporter at the Point(s) of Delivery.

Transporter shall be deemed to be in exclusive control and

possession of the Gas transported or stored only while it is in

Transporter's facilities between the Point(s) of Receipt and

Point(s) of Delivery.

 

6.2 Responsibility and Liability. The party deemed to be in control

and possession of the Gas to be transported or stored as provided

above in Section 6.1 shall be fully responsible for and shall

indemnify and hold harmless the other party with respect to any

and all losses (except extraordinary losses of Gas resulting from

events of force majeure), claims, suits (including court costs and

reasonable attorneys' fees), causes of action, liabilities or

damages arising from or in connection with the first party's

control and possession of the Gas.

 

7. WARRANTY OF TITLE:

 

Each party warrants the title to or the full right to deliver all Gas

delivered, or caused to be delivered, by it to the other party. Shipper

further represents and warrants that it will pay and satisfy, or make

provision for the payment and satisfaction of, any taxes now or

hereafter assessed upon and all claims of every nature whatsoever in,

to, or in respect of Gas, delivered or received by it; and Shipper

hereby agrees to defend at its cost, and, when notified by Transporter,

to indemnify, and defend if requested by Transporter, Transporter

against all suits, judgments, claims, demands, causes of action, costs,

losses, and expenses, including reasonable attorney's fees, arising out

of or in any way connected with any claims to the Gas delivered to

Transporter. Transporter assumes no obligation whatsoever to any

royalty owner or to the owner of any other interest of any kind in any

Gas delivered at the Point(s) of Receipt, and