Destin Pipeline Company, L.L.C.

Original Volume No. 1

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Effective Date: 09/01/1998, Docket: CP96-655-003, Status: Effective

Original Sheet No. 67 Original Sheet No. 67 : Effective

 

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

Section 8.4 (continued)

 

any obligations for damages, claims or liabilities by reason of the

fact that it has or has not odorized such gas prior to its delivery

nor does COMPANY warrant the delivery of odorized gas.

 

9. WARRANTY OF TITLE AND INDEMNIFICATION

 

Both SHIPPER and COMPANY warrant the title to all gas delivered by it to the

other party. SHIPPER further represents and warrants that it will pay and

satisfy, or make provision for the payment and satisfaction of, any and all

claims of every nature whatsoever in, to, or in respect of the title to all

gas delivered by it to COMPANY; and SHIPPER hereby agrees to defend at its

cost, and when notified by COMPANY to indemnify COMPANY against, all suits,

judgments, claims, demands, causes of action, costs, losses, and expenses

arising out of or in any way connected with any claims to the title to all

gas delivered to COMPANY.

 

COMPANY assumes no obligation whatever to any royalty owner or to the owner

of any other interest of any kind in any gas delivered to COMPANY by or for

the account of SHIPPER, and SHIPPER or its seller shall pay all such

royalties or other interests upon or in respect to such gas.

 

10. HOURLY RATES OF FLOW

 

All gas delivered to or by COMPANY under its transportation Rate Schedules

shall be delivered at rates as constant as operationally feasible throughout

the day, and COMPANY shall not be obligated to receive or deliver gas under

its transportation Rate Schedules in excess of uniform rates.