Southeast Supply Header, LLC

Original Volume No. 1

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Effective Date: 09/04/2008, Docket: CP07-44-005, Status: Effective

Original Sheet No. 257 Original Sheet No. 257

 

GENERAL TERMS AND CONDITIONS

(CONTINUED)

 

11. POSSESSION OF GAS

 

Unless otherwise provided in the Agreement or applicable Rate Schedule,

as between Transporter and Shipper, Shipper shall be deemed to be in

exclusive control and possession of the Gas (i) prior to receipt by

Transporter at the Receipt Point(s) and (ii) after delivery by

Transporter at the Delivery Point(s); otherwise, Transporter shall be

in exclusive control and possession of the Gas. The party which shall

be in exclusive control and possession of the Gas shall be responsible

for all injury or damage caused thereby to any third party except any

injury or damage caused by Gas provided by Shipper that fails to

conform with the specifications set forth in Section 3. In the absence

of bad faith or willful misconduct on the part of Transporter, Shipper

waives any and all claims and demands against Transporter, its

officers, employees or agents, arising out of or in any way connected

with (i) the quality, use or condition of the Gas after delivery from

Transporter for the account of such Shipper, (ii) any losses or

shrinkage of Gas during or resulting from Transportation hereunder, and

(iii) all other claims and demands arising out of Transporter's

performance of its duties hereunder.