Horizon Pipeline Company, L.L.C.

Original Volume No. 1

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Effective Date: 04/18/2002, Docket: CP00-129-001, Status: Effective

Original Sheet No. 211 Original Sheet No. 211 : Effective

 

 

 

GENERAL TERMS AND CONDITIONS

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22. POSSESSION OF GAS, TITLE AND RESPONSIBILITY

 

Shipper warrants that it will at the time of delivery

to Horizon have good title to all gas so delivered free and clear

of all liens, encumbrances and claims whatsoever. As between

Shipper and Horizon, Shipper shall be deemed to be in control and

possession of the gas and responsible for and hold Horizon

harmless of and from any damage or injury caused thereby until it

shall have been delivered to Horizon at the Receipt Point(s),

after which Horizon shall be deemed to be in control and

possession of such gas until its delivery to Shipper, or for

Shipper's account at the Delivery Point(s) and while in such

possession Horizon shall be responsible therefor and hold Shipper

harmless of and from any damage or injury caused thereby. Horizon

shall have no responsibility with respect to any gas on account of

anything which may be done, happen or arise with respect to said

gas until it is received by Horizon. Shipper shall have no

responsibility with respect to said gas after its receipt by

Horizon or on/account of anything which may be done, happen or

arise with respect to said gas after such receipt until its

delivery to Shipper, or for Shipper's account, at the Delivery

Point(s). The point of the division of responsibility shall be

the point of interconnection between the facilities of Horizon and

Shipper, or their respective agents, at the Receipt or Delivery

Point(s), as applicable. The foregoing provisions of this Section

shall not relieve either party from responsibility for acts of

gross negligence or willful misconduct of such party, its agents

or employees.