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