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