Cheniere Creole Trail Pipeline, L.P.

Original Volume No. 1

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Effective Date: 04/28/2008, Docket: RP08-137-000, Status: Effective

Original Sheet No. 120 Original Sheet No. 120 : Pending

 

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

7. POSSESSION OF GAS, INDEMNIFICATION AND TITLE

 

A. Possession of Gas and Responsibility

 

Transporter shall be deemed to be in control and possession of the gas to be

transported by it upon receipt of such gas at the point of receipt by

Transporter until it shall have been delivered to Shipper, or for Shipper's

account, and Shipper shall be deemed to be in control and possession of such

gas prior to such receipt by Transporter and after such delivery to Shipper or

for its account. Each party, while deemed to be in control and possession of

such gas, shall be responsible for, and will indemnify and hold the other

party harmless from, any and all claims, actions, suits, including attorney's

fees, arising out of or relating in any way to the custody and control of such

gas.

 

B. Warranty of Title to Gas

 

Shipper warrants that Shipper will have title to all gas delivered by it or

for its account to Transporter for transportation and delivery by Transporter

to or for the account of Shipper. Notwithstanding the foregoing, Shipper

warrants that such gas will, at the time of receipt by Transporter, be free

and clear of all liens and encumbrances. Transporter warrants that at the time

of delivery of such gas to Shipper or for its account at the delivery point

such gas will be free and clear of all liens and encumbrances arising by,

through, or under Transporter. Shipper shall indemnify Transporter and save

Transporter harmless from all suits, actions, debts, accounts, damages, costs

(including attorney's fees), losses and expenses arising out of the adverse

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

licenses, fees, or charges which are applicable to said gas prior to its

delivery to Transporter and subsequent to delivery of such gas by Transporter.