Dauphin Island Gathering Partners
Original Volume No. 1
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Effective Date: 12/23/1997, Docket: CP97-300-002, Status: Effective
Original Sheet No. 141 Original Sheet No. 141 : 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.