East Tennessee Natural Gas, LLC

Third Revised Volume No. 1

 Contents / Previous / Next / Main Tariff Index

 

 

Effective Date: 05/21/2009, Docket: RP09-528-000, Status: Effective

Second Revised Sheet No. 375 Second Revised Sheet No. 375

Superseding: First Revised Sheet No. 375

 

GENERAL TERMS AND CONDITIONS (Continued)

 

 

22. WARRANTIES

 

22.1 Warranty of Title to Gas. This Section 22 shall apply to all

transportation service unless otherwise provided in the applicable

Rate Schedule or transportation contract. Shipper and Transporter

both warrant for itself, its successors and assigns, that it will

have, at the time of delivery of gas hereunder, good title or the

right to acquire title to the gas it delivers and that the gas it

delivers hereunder shall be free and clear of all liens,

encumbrances and claims whatsoever. In the event of a breach of

this warranty, the breaching party shall indemnify the other and

save it harmless from all suits, actions, debts, accounts,

damages, costs, losses, and expenses arising from or out of any

adverse claims of any and all persons to said gas and/or to

royalties, taxes, license fees or charges thereon applicable for

such delivery of gas, and that the breaching party will indemnify

the other and save it harmless from all taxes or assessments that

may be levied and assessed upon such delivery and which are by law

payable by, and the obligation of, the party making such delivery.

If Shipper's title or right to deliver gas to be transported is

questioned or involved in any action, Shipper shall not qualify

for or shall be ineligible to continue to receive service 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 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 Tariff 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, except for title to gas delivered for Transporter's

system fuel and use and gas lost and unaccounted for, which shall

pass to Transporter upon delivery at the Receipt Point(s).

 

22.2 In addition to the warranties set forth in Section 22.1 above,

Shipper warrants the following:

 

(a) Shipper warrants that all upstream and downstream

transportation arrangements are in place, or will be in

place, as of a requested effective date of service. Shipper

agrees to indemnify and hold Transporter harmless for refusal

to transport gas under any service agreement in the event any

upstream or downstream transporter fails to receive or

deliver gas as contemplated by such service agreement.

 

(b) Shipper agrees to indemnify and hold Transporter harmless

from all suit actions, debts, accounts, damages, costs,

losses, and expenses (including reasonable attorney's fees)

arising from or out of breach of any warranty by Shipper.

 

(c) Shipper warrants that it will have title or the right to

acquire title to the gas delivered to Transporter under any

service agreement.

 

(d) Transporter shall not be obligated to provide or continue

service under any service agreement in the event of any

breach of warranty; provided, Transporter shall give Shipper

and the Commission thirty days notice prior to any

termination of service. Service will continue if, within the

thirty days' notice period, Shipper cures the breach of

warranty.