Black Marlin Pipeline Company

First Revised Volume No. 1

Effective Date: 10/01/1990, Docket: CP89-2041-001, Status: Effective

Original Sheet No. 214 Original Sheet No. 214 : Effective

GENERAL TERMS AND CONDITIONS

(continued)

11. WARRANTY OF TITLE

Shipper warrants that it will at the time of delivery have title to

all gas delivered by it to Transporter for transportation by

Transporter free and clear of all liens and encumbrances and adverse

claim of every kind. Transporter warrants that at the time of

delivery of such gas to Shipper such gas will be free and clear of all

liens and encumbrances. Transporter and Shipper will each indemnify

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

accounts, damages, costs, losses, and expenses arising out of the

adverse claim of any person or persons to said gas for any taxes,

licenses, fees, royalties or charges which are applicable prior to the

time of delivery of such gas to such other party. Shipper will

indemnify Transporter and save it harmless from all taxes and assess-

ments, levied and assessed upon the sale and delivery of such gas to

Shipper and upon such gas prior to and upon delivery of such gas to

Transporter for transportation. Transporter will indemnify Shipper

and save it harmless from all taxes and assessments levied and assess-

ed upon the transportation of such gas. Title to all gas transported

and delivered by Transporter shall remain in the person holding title

at the time of receipt by Transporter.

12. POSSESSION OF GAS AND RESPONSIBILITY

As between Transporter and Shipper, Shipper shall be deemed to be in

control and possession of, and responsible for, all gas delivered to

Transporter at the Point(s) of Receipt, after which Transporter shall

be deemed to be in control and possession of, and responsible for,

such gas until it is delivered at the Point(s) of Delivery. While in

control and possession, the party in control and possession shall be

responsible for and shall indemnify and hold harmless the other party

from and against any damage or injury caused thereby. The foregoing

provisions of this Section shall not relieve either party from

responsibility for acts of negligence of such party, its agents or