Liberty Gas Storage, LLC
Original Volume No. 1
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Effective Date: 04/15/2007, Docket: RP07-357-000, Status: Effective
Original Sheet No. 135 Original Sheet No. 135 : Effective
GENERAL TERMS AND CONDITIONS
11.2 Receipt and Delivery Rates. Liberty has designed the facilities required
to wheel, store, inject and withdraw Gas based on “normal” operating pressures
maintained by the Transporter(s) at the Point(s) of Receipt/Delivery located on
Liberty's system with allowances for reasonable fluctuations. In the event
that conditions on the Transporter's system vary substantially from this
“normal” design condition coincident with high levels of Customer receipt or
delivery activity, Liberty's capability to receive or deliver the quantities
set forth in its Storage Service Agreements may be impaired, resulting in an
interruption in service. If this happens, capacity will be allocated pursuant
to Section 5 of the General Terms and Conditions of this FERC Gas Tariff.
Customer agrees to release Liberty from, and Liberty shall have no liability of
any nature to Customer or any third party with respect to, any such
interruption in service.
12. TITLE AND RISK OF LOSS
12.1 Customer warrants for itself, its successors and assigns, that it will
have at the time of delivery of Gas for injection, storage, parking or wheeling
hereunder either good title to or the right to have the Gas transported or
stored. Customer warrants for itself, its successors and assigns, that the Gas
it delivers hereunder shall be free and clear of all liens, encumbrances, or
claims whatsoever; and that it will indemnify Liberty and save it harmless from
all claims, suits, actions, damages, costs and expenses arising directly or
indirectly from or with respect to the title and/or right to Gas tendered to
Liberty hereunder.
12.2 As between Customer and Liberty : Customer shall be deemed to be in
control and possession of the Gas prior to delivery to Liberty for wheeling,
parking, storage or injection at the Point(s) of Receipt located on Liberty's
system and after redelivery by Liberty to Customer at the Point(s) of Delivery
located on Liberty's system, and shall indemnify and hold Liberty harmless from
any damage or injury caused thereby. Liberty shall be deemed to be in control
and possession of the Gas after the receipt of the same at the Point(s) of
Receipt and until redelivery by Liberty to Customer at the Point(s) of
Delivery, and shall indemnify and hold Customer harmless from any damage or
injury caused thereby, except for damages and injuries caused by the sole
negligence of Customer. The risk of loss for all Gas wheeled, injected into,
parked or stored in and withdrawn from storage shall remain with Customer, and
Liberty shall not be liable to Customer for any loss of Gas, except as may be
occasioned due to the intentional or negligent acts or omissions by Liberty.
Any losses of Gas, unless due to the intentional or negligent act or omissions
of Liberty, shall be shared proportionally by all Customers, based on each
Customer's Storage Inventory, Park Balance and/or Loan Balance, as applicable.