Great Lakes Gas Transmission Limited Partner

Second Revised Volume No. 1

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Effective Date: 11/01/1993, Docket: RS92- 63-005, Status: Effective

Original Sheet No. 36 Original Sheet No. 36 : Effective

 

 

 

 

 

GENERAL TERMS AND CONDITIONS

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(continued)

 

 

13. MISCELLANEOUS

 

13.1 Possession of Gas

 

As between the parties hereto, Shipper shall be deemed to be in control and possession of the

gas deliverable hereunder until it shall have been delivered to Transporter. Transporter shall

be deemed to be in control and possession of the gas transported hereunder from the time of

delivery of such gas into its facilities by Shipper until such gas is delivered to Shipper.

Transporter shall not be responsible for any gas prior to its delivery into Transporter's

system, or after its delivery from Transporter's system.

 

13.2 Warranty of Title to Gas

 

Shipper warrants that it will at the time of delivery to Transporter have good title or good

right to all gas caused to be delivered to Transporter hereunder, free and clear of all liens,

encumbrances and claims whatsoever, and that it will indemnify and save Transporter harmless

from all suits, actions, debts, accounts, damages, costs, losses, and expenses arising from or

out of any adverse claims of any and all persons to said gas and/or to royalties, taxes,

license fees, or charges thereon. Shipper agrees that as to the gas it causes to be delivered

to Transporter hereunder, Transporter shall be entitled to all of the protection provided by

the warranty of title or the rights to gas set forth in the contracts under which such gas was

purchased.

 

Transporter will not suffer or permit any lien or encumbrance to be placed on or against the

gas deliverable under this FERC Gas Tariff, Second Revised Volume No. 1, with respect to any

claim against Transporter and will indemnify and save harmless Shipper from and against any

such liens, encumbrances or claims, including Shipper's costs of disputing such liens,

encumbrances or claims or defending any actions with respect thereto.

 

It is not the intent of this Subsection 13.2 to allow brokering of capacity on Transporter's

pipeline system. In particular, the language "good right" means that although Shipper does not

have title to all gas to be delivered to Transporter, Shipper does have good right to the gas

delivered under contractual arrangements.