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.