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.