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. 217 Original Sheet No. 217 : Effective

 

GENERAL TERMS AND CONDITIONS

(continued)

 

Transporter's action while in possession of the gas for

transportation by Transporter. Shipper will indemnify Transporter

and save it harmless from all taxes and assessments, levied and

assessed upon the sale and delivery of such gas to Shipper or for

Shipper's account and upon such gas prior to and upon delivery of

such gas to Shipper or for its account and upon such gas prior to

and upon delivery of such gas to Transporter or Transporting

Pipeline for transportation. In the event any adverse claim in

respect to such gas is asserted, or Shipper breaches its warranty

herein, Transporter shall not be required to perform or, subject

to receipt of any necessary regulatory authorization, to continue

service under the applicable Rate Schedule for Shipper until such

claim has been finally determined; provided however, Shipper may

receive service if (i) in the case of an adverse claim, Shipper

furnishes bond to Transporter, in the amount of such claim and

with sureties satisfactory to Transporter, conditioned for the

protection of Transporter with respect to such claim; or (ii) in

the case of a breach of warranty, Shipper furnishes Transporter

evidence of Shipper's title satisfactory to Transporter.

 

C. Release and Indemnification

 

Shipper shall waive and release Transporter from any claims for

any and all damages, costs, losses or expenses resulting from or

arising out of interruption of service, whether caused by capacity

or supply constraints on Transporter's system, where such

interruption is caused by (i) the failure of Shipper(s) to have

delivered to Transporter or Transporting Pipeline sufficient

quantities of gas to meet their delivery requirements from

Transporter; (ii) the failure of Shipper(s) to comply with a

directive of Transporter pursuant to Section 5 of Rate Schedule

NNTS, Section 17A of the General Terms and Conditions, Section 17C

of the General Terms and Conditions, or Section 13D of the General

Terms and Conditions; or (iii) Shipper(s) taking deliveries in

excess of scheduled or authorized quantities. Provided however,

that the foregoing shall not result in the waiver or release of a

claim against Transporter for Transporter's negligence or willful

misconduct. Further, Shipper shall indemnify and hold Transporter

harmless from any and all suits, actions, debts, accounts,

damages, costs, losses and/or expenses brought by or accruing to

or for the benefit of end-users downstream of such Shipper's

delivery point resulting from or arising out of curtailment of

service whether caused by capacity or supply constraints on

Transporter's system, including without limitation, such

constraints caused by the failure of Shippers to