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