Discovery Gas Transmission LLC

Original Volume No. 1

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Effective Date: 11/10/1997, Docket: CP96-712-002, Status: Effective

Original Sheet No. 187 Original Sheet No. 187 : Effective

 

 

20. LIABILITY AND WARRANTY

 

 

20.1 POSSESSION AND CONTROL - Transporter will be deemed to be

in control and possession of the Gas transported

hereunder only when and to the extent that such Gas is in

and is being handled by the facilities owned, leased or

operated by or for Transporter as set forth herein for

the performance of Transporter's obligations under any

Effective Service Agreement. Shipper will be deemed to

be in control and possession of the Gas prior to its

receipt by Transporter at the Receipt Point and after

delivery by Transporter at the Delivery Point. The party

in control and possession of the Gas will be responsible

for and shall indemnify the other party with respect to

any losses, injuries, claims, liabilities or damages

caused thereby and occurring while the Gas is in its

possession.

 

20.2 LIMITATION OF LIABILITY - Neither party to any Effective

Agreement entered into under the terms of this FERC Gas

Tariff shall be liable to the other party for any

indirect, special, consequential, or punitive damages,

including lost profits, whether asserted under tort,

contract, or other theories of law.

 

20.3 WARRANTY AND TITLE - Shipper hereby warrants it will have

good title or the good right to receive or deliver Gas,

and that such Gas will be free and clear of all liens and

adverse claims; and Transporter and Shipper each agree,

with respect to the Gas received or delivered by it, to

indemnify the other against all suits, actions, debts,

accounts, damages, costs (including attorneys' fees),

losses, and expenses arising from or out of any adverse

claims of any and all persons to or against said Gas.