Dauphin Island Gathering Partners

First Revised Volume No. 1

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Effective Date: 03/16/1999, Docket: CP98- 6-003, Status: Effective

Original Sheet No. 151 Original Sheet No. 151 : Effective

 

 

8. WARRANTY OF TITLE

 

Shipper warrants for itself, its successors and assigns, that it will have, at the time of delivery of

gas to Transporter for transportation hereunder, good title to the gas or the full right and authority

to deliver such gas, and that all such gas shall be free and clear of all liens, encumbrances and

claims whatsoever. Transporter warrants for itself, its successors and assigns, that the gas it

delivers hereunder to or for the account of Shipper at the Delivery Point(s) shall be free and clear

of all liens, encumbrances and claims whatsoever. Each party will indemnify the other and save it

harmless from all suits, actions, debts, accounts, damages, costs, losses, and expenses (including

court cost and reasonable attorney fees) arising from or out of the indemnifying party's breach of

the foregoing warranty; including, but not limited to, adverse claims of any and all persons to said

gas and/or to royalties, taxes, license fees, or charges which attach or relate to the gas. If

Shipper's title or right to deliver gas to Transporter is questioned or involved in any action,

Transporter may cease to allow Shipper to continue to receive service under the impacted

Transportation Service Agreement until such time as Shipper's title or right to deliver is free from

question; provided, however, Transporter shall allow Shipper to qualify for or continue receiving

service under this FERC Gas Tariff and the impacted Transportation Service Agreement if Shipper

furnishes a bond satisfactory to Transporter. Title to the gas received by Transporter at the

Receipt Point(s) shall not pass to Transporter.