Florida Gas Transmission Company, LLC
Fourth Revised Volume No. 1
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Effective Date: 09/01/2006, Docket: RP06-463-000, Status: Effective
Original Sheet No. 216 Original Sheet No. 216 : Effective
GENERAL TERMS AND CONDITIONS
(continued)
of delivery to Transporter or Transporting Pipeline until it
shall have been delivered to Shipper, or for Shipper's
account, and Shipper shall be deemed to be in control and
possession of such gas prior to such receipt by Transporter
or Transporting Pipeline and after such delivery to Shipper
or for its account. Each party while deemed to be in control
and possession of such gas shall be responsible for, and
will indemnify and hold the other harmless from, any and all
claims, actions, suits, including attorney's fees, arising
out of or relating in any way to the custody and control of
such gas.
B. Warranty of Title to Gas
Shipper warrants that at some point during the transaction
(i.e. at some point between receipt of the gas by
Transporter and delivery by Transporter to Shipper) Shipper
will have title to all gas delivered by it or for its
account to Transporter or Transporting Pipeline for
transportation and delivery by Transporter to or for the
account of Shipper; provided however that to the extent a
Shipper has the authority to market natural gas on behalf of
a co-working interest owner, such Shipper may satisfy this
requirement by warranting that it has good right to deliver
such natural gas. Notwithstanding the foregoing, Shipper
warrants that such gas will at the time of receipt by
Transporter or Transporting Pipeline be free and clear of
all liens and encumbrances. Transporter warrants that at
the time of delivery of such gas to Shipper or for its
account at the delivery point such gas will be free and
clear of all liens and encumbrances arising by, through, or
under Transporter. Shipper shall indemnify Transporter and
save Transporter harmless from all suits, actions, debts,
accounts, damages, costs (including attorney's fees), losses
and expenses arising out of the adverse claim of any person
or persons to said gas including claims for any taxes,
licenses, fees, or charges which are applicable to said gas
prior to its delivery to Transporter or Transporting
Pipeline and subsequent to delivery of such gas by
Transporter. Transporter agrees to indemnify and hold
Shipper harmless from all suits, actions, debts, accounts,
damages, costs, losses, and expenses arising out of the
adverse claim of any person or persons arising by or from