Southern Star Central Gas Pipeline, Inc.

Original Volume No. 1

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Effective Date: 07/10/2009, Docket: RP09-758-000, Status: Effective

Second Revised Sheet No. 280 Second Revised Sheet No. 280

Superseding: First Revised Sheet No. 280

 

GENERAL TERMS AND CONDITIONS

 

 

19. POSSESSION OF GAS AND TITLE

 

Southern Star shall be in control and possession of the natural gas it

receives hereunder and responsible, as between Southern Star and

Shipper, for any damage or injury caused thereby until the same has been

delivered to Shipper at the point of delivery; provided, however,

Southern Star shall not be responsible for damages or injuries caused by

natural gas it receives while such gas is in the possession and control

of any third party. However, Shipper at all times, shall retain title

to the gas or the right to deliver all gas to Southern Star under an

executed service agreement free and clear of all liens, encumbrances and

claims whatsoever. Shipper shall also be responsible for obtaining its

own insurance (including self-insurance) for its gas in storage, and

shall hold Southern Star harmless from any loss, cost, or expense

arising from any loss of such gas that results from a Force Majeure

event.

 

Southern Star shall not be liable to the Shipper or any of its agents,

servants, or employees, or to any person whomsoever for any loss,

damage, or injury resulting from the said gas or its uses before

entering Southern Star's system at the point(s) of receipt and after

leaving Southern Star's system at the point(s) of delivery, all risks

thereof and therefrom being assumed, as between Southern Star and

Shipper, by Shippers except such losses proximately caused by gross

negligence of Southern Star.

 

Each party assumes full responsibility and liability for the operation

of the facilities owned by it and agrees to hold the other party

harmless from and against all liability of whatever nature arising from

installation, ownership, and operation therefrom.

 

Unless otherwise provided in Section 8.12 regarding exercise of

processing rights of Shippers, all substances, whether or not of

commercial value, including all liquid and liquefiable hydrocarbons of

whatever nature, that Southern Star or a third party recovers for

Southern Star's account shall be Southern Star's sole property, and

Southern Star shall not be obligated to account to Shipper for any

value, whether or not realized by Southern Star, that may attach or be

said to attach to such substances. However, nothing in this provision

shall require Southern Star to accept gas which does not meet the

applicable quality provisions otherwise provided in this tariff.