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. 121 Original Sheet No. 121 : Pending

 

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

Transporter agrees to indemnify and hold Shipper harmless from all suits,

actions, debts, accounts, damages, costs, losses, and expenses arising out of

the adverse claim of any person or persons arising by or from Transporter's

action while in possession of the gas for transportation by Transporter.

Shipper shall indemnify Transporter and save it harmless from all taxes levied

and assessed upon the transportation and delivery of such gas to Shipper or

for Shipper's account and upon such gas prior to and upon delivery of such gas

to Shipper or for its account and upon such gas prior to and upon delivery of

such gas to Transporter for transportation. In the event any adverse claim in

respect to such gas is asserted, or Shipper breaches its warranty herein,

Transporter shall not be required to perform or, subject to of any necessary

regulatory authorization, to continue service under the applicable Rate

Schedule for Shipper until such claim has been finally determined; provided

however, that Shipper may receive service if (i) in the case of an adverse

claim, Shipper furnishes a sufficient bond to Transporter in the amount of

such claim and with sureties satisfactory to Transporter, conditioned for the

protection of Transporter with respect to such claim; or (ii) in the case of a

breach of warranty, Shipper furnishes Transporter evidence of Shipper's title

satisfactory to Transporter.

 

C. Release and Indemnification

 

Shipper shall waive and release Transporter from any claims for any and all

damages, costs, losses or expenses resulting from or arising out of

interruption of service, whether caused by capacity or supply constraints on

Transporter's system, where such interruption is caused by (i) the failure of

Shipper(s) to have delivered to Transporter sufficient quantities of gas to

meet their delivery requirements from Transporter; (ii) the failure of

Shipper(s) to comply with a directive of Transporter pursuant to Section 18

(Operational Flow Orders) of the General Terms and Conditions, or (iii)

Shipper(s) taking deliveries in excess of scheduled or authorized quantities.

Provided however, that the foregoing shall not result in the waiver or release

of a claim against Transporter for Transporter's negligence or willful

misconduct. Further, Shipper shall indemnify and hold Transporter harmless

from any and all suits, actions, debts, accounts, damages, costs, losses

and/or expenses brought by or accruing to or for the benefit of end-users

downstream of such Shipper's delivery point resulting from or arising out of

curtailment of service whether caused by capacity or supply