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.