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.