Energy West Development, Inc.
Original Volume No. 1
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Effective Date: 06/11/2010, Docket: RP10-732-000, Status: Effective
First Revised Sheet No. 51 First Revised Sheet No. 51
Superseding: Original Sheet No. 51
General Terms and Conditions
(e) Right of Examination: Both Transporter and Shipper shall have the right to
examine at any reasonable time the books, records and charts of the other to the
extent necessary to verify the accuracy of any statement, chart, or computation
made under or pursuant to the provisions of this Tariff or the Transportation
Service Agreement between Transporter and Shipper.
13. POSSESSION OF GAS
13.1 Control and Possession. As between the parties to the Transportation Service Agreement,
Transporter shall be deemed to be in control and possession of the Gas deliverable
thereunder from the time it is delivered to Transporter at the Receipt Point(s) until it
shall have been made available to or on behalf of Shipper at the Delivery Point(s).
Prior to the time Gas is delivered to Transporter at the Receipt Point(s) and after such
Gas is made available to or on behalf of Shipper at the Delivery Point(s), Shipper shall
be deemed to be in control and possession thereof.
13.2 Responsibility. Shipper shall have no responsibility with respect to any Gas deliverable
under the Transportation Service Agreement after it is delivered to Transporter at the
Receipt Point(s) until it is made available to or on behalf of Shipper at the Delivery
Point(s), or on account of anything which may be done, happen or arise with respect to
such Gas after it is delivered to Transporter at the Receipt Point(s) and before it is
made available to or on behalf of Shipper at the Delivery Point(s), and Transporter shall
have no responsibility with respect to such Gas before it is delivered to Transporter at
the Receipt Point(s) or after it is made available to or on behalf of Shipper at the
Delivery Point(s) or on account of anything which may be done, happen or arise with
respect to such Gas before it is delivered to Transporter at the Receipt Point(s) and
after it is made available to or on behalf of Shipper at the Delivery Point(s).
13.3 Right to Commingle. From the time Gas is delivered to Transporter at the Receipt
Point(s), Transporter shall have the unqualified right to commingle such Gas with other
Gas in Transporter's Natural Gas transmission system.
14. WARRANTY OF TITLE TO GAS
Shipper warrants that it will at the time of delivery of the Gas to Transporter have good and
merchantable title to all of the Gas subject only to security interests, liens and encumbrances
that would not prevent Shipper from tendering the Gas for Transportation hereunder or receiving
redelivery of the Gas from Transporter. Title to the Gas received by Transporter for Shipper's
account hereunder shall remain with Shipper during Transportation of the Gas by Transporter.
Shipper agrees to indemnify and save Transporter harmless from all suits, actions, debts,
accounts, damages, costs, losses and expenses arising out of adverse claims of any and all
persons to the Gas other than claims arising solely through acts of Transporter. Shipper agrees
to indemnify Transporter and save it harmless from all suits, actions, debts, accounts, damages,
costs, losses and expenses arising from or out of claims of any or all persons to the said Gas or
to royalties, taxes, license fees or charges thereon resulting from breach of this warranty.
15. OPERATING INFORMATION
15.1 Shipper to Provide Information. Shipper shall endeavor to provide Transporter with all
information and material in the possession of or reasonably accessible to Shipper and
required by Transporter to calculate and verify Shipper's Input Quantity and the quantity
of Gas taken by Shipper at the Delivery Point(s) each day and to calculate and verify the
gross heating value, the quality specifications, and the components of both Shipper's
Input Quantity and the quantities of Gas taken by Shipper at the Delivery Point(s) each
day.