Carolina Gas Transmission Corporation

Original Volume No. 1

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Effective Date: 11/01/2006, Docket: CP06- 71-001, Status: Effective

Original Sheet No. 145 Original Sheet No. 145 : Effective

 

10. WARRANTY OF TITLE TO GAS

 

Shipper warrants that Shipper, at the time of receipt of the gas by

Pipeline, shall have good and merchantable title to all of the gas free

and clear of all liens, encumbrances, and claims whatsoever and good

right to tender gas for transportation, including all necessary

authorizations related thereto. Title to the gas received by Pipeline

for Shipper’s account hereunder shall remain with Shipper during its

transportation by Pipeline. Shipper shall indemnify, save, and hold

Pipeline, its subsidiaries, and affiliates and their directors,

officers, employees, and agents free and harmless from any and all

suits, regulatory proceedings, actions, claims (including attorneys’

fees and court costs), debts, accounts, damages (including punitive

damages), costs, losses, injuries, or expenses arising from or out of

adverse claims of any and all persons to the gas prior to its receipt

by Pipeline for Shipper’s account and after its delivery by Pipeline

for Shipper’s account. Absent contributory negligence by Shipper or

Shipper’s Agent, Pipeline shall indemnify, save, and hold Shipper

harmless from all suits, regulatory proceedings, actions, claims

(including attorneys’ fees and court costs), debts, accounts, damages

(including punitive damages), costs, losses, injuries, or expenses

arising from or out of adverse claims of any and all persons to the gas

during and related to its transportation by Pipeline for Shipper’s

account as a result of Pipeline’s gross negligence or willful

misconduct.