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