Dominion Cove Point LNG, LP
Original Volume No. 1
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Effective Date: 06/01/2003, Docket: RP03-341-000, Status: Effective
Original Sheet No. 58 Original Sheet No. 58 : Effective
RATE SCHEDULE LTD-2
INTERRUPTIBLE LNG TANKER DISCHARGING SERVICE
(Continued)
6. RESPONSIBILITY, WARRANTY AND ASSIGNMENT (Continued)
6.5 Operator and Buyer each individually warrant that they shall, at the time of delivery
of LNG, vaporized LNG or Natural Gas to the other, have good title to or good right to
deliver all such LNG, vaporized LNG or Natural Gas, and that they shall deliver, or
cause to be delivered, such LNG, vaporized LNG or Natural Gas free from all liens,
encumbrances and claims whatsoever. Except as provided in Sections 6.3 and 6.4
herein, both Operator and Buyer shall, as to the LNG, vaporized LNG or Natural Gas it
delivers or causes to be delivered to the other, indemnify and save the other harmless
from all suits, actions, debts, accounts, damages, costs, losses and expenses arising
from or out of any adverse claims or any and all persons to said LNG, vaporized LNG or
Natural Gas and to royalties, taxes, fees or charges thereon.
6.6 As to all matters within its actual or imputed control, Buyer represents and warrants
that service hereunder and all arrangements incident thereto conform to applicable
regulations, and agrees to indemnify and hold Operator harmless against any and all
actions, suits, or proceedings, concerning such service or arrangement, which are
brought before or instituted by any authority having jurisdiction, except to the
extent such action, suit or proceedings is the result of Operator's bad faith or
willful misconduct.
6.7 The Service Agreement shall be binding upon and inure to the benefit of any successor
to either Operator or Buyer by merger, consolidation or acquisition. Both Operator
and Buyer may assign or pledge the Service Agreement and all rights and obligations
thereunder under the provisions of any mortgage, deed of trust, indenture or other
instrument which either has executed or may execute hereafter as security for
indebtedness or as an assignment of receivables; otherwise, neither Operator nor Buyer
shall assign the Service Agreement or any of its rights hereunder unless it shall
first have obtained the written consent of the other. Such consent shall not be
unreasonably withheld.
7. GENERAL TERMS AND CONDITIONS
All the General Terms and Conditions are applicable to this Rate Schedule and are hereby made
part hereof. In the event of a conflict between the General Terms and Conditions and the
provisions of this Rate Schedule LTD-2, the provisions of this Rate Schedule LTD-2 shall
govern.
8. RESERVATIONS
Operator reserves the right from time to time unilaterally to make any changes to, or to
supersede, the rates and charges and other terms in this Rate Schedule LTD-2 and the other
provisions of Operator's FERC Gas Tariff, and the applicability thereof, including the Form
of Service Agreement hereunder, subject to the provisions of the Natural Gas Act and the
Commission's Regulations thereunder.