Mobile Bay Pipeline Company
Second Revised Volume No. 1
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Effective Date: 02/01/1994, Docket: GT94- 18-000, Status: Effective
Original Sheet No. 321 Original Sheet No. 321 : Effective
GENERAL TERMS AND CONDITIONS
(Continued)
negligence or in the event of its failure to use reasonable
diligence to remedy the situation and remove the cause in an
adequate manner and with all reasonable dispatch, nor shall such
causes or contingencies relieve either party of liability
otherwise unless such party shall give notice and full
particulars of the same in writing or by telegraph to the other
party as soon as possible after the occurrence relied on.
21. POSSESSION OF GAS, TITLE AND RESPONSIBILITY
21.1 Shipper warrants for itself, its successors and assigns, that it,
or any party for whom it is having gas transported, will at the
time of delivery to Transporter for transportation have good
title to or rights to transport all gas so delivered free and
clear of all liens, encumbrances and claims whatsoever. As
between Shipper and Transporter, Shipper shall be deemed to be in
control and possession of the gas and responsible for and shall
hold Transporter harmless of and from any damage or injury caused
thereby until it shall have been delivered to Transporter at the
Receipt Point(s), and while such gas is in facilities other than
facilities owned or controlled by Transporter after which
Transporter shall be deemed to be in control and possession of
such gas only while such gas is in facilities owned or controlled
by Transporter and until its delivery to Shipper, or for
Shipper's account, at the Delivery Point(s), provided, however,
that Transporter shall be responsible for delivering gas that
meets the provisions of Section 2 hereof. While in such
possession Transporter shall be responsible for and hold Shipper
harmless of and from any damage or injury caused thereby, except
for gas tendered by Shipper which fails to meet the provisions of
Section 2 of the General Terms and Conditions, which gas shall be
deemed, for purposes hereof, to remain in the possession and
control of Shipper. Transporter shall have no responsibility
with respect to any gas to be transported until it is received by
Transporter, or on account of anything which may be done, happen
or arise with respect to said gas before such receipt; and except
as provided in the immediately preceding sentence, Shipper shall