Kern River Gas Transmission Company
Second Revised Volume No. 1
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Effective Date: 07/01/2001, Docket: RP01-440-000, Status: Effective
Original Sheet No. 181-A Original Sheet No. 181-A : Effective
GENERAL TERMS AND CONDITIONS
22. POOLING (Continued)
22.6 Warranty and Liability.
(a) Pooling party warrants that it has title to or the right to
transfer title to Gas nominated under the pooling provisions
of this tariff. Pooling party will indemnify Transporter
and save it harmless from all suits, actions, damages,
costs, losses, and expenses (including reasonable attorneys'
fees) arising from breach of this warranty.
(b) Transporter will have no liability to pooling party for any
and all damages and costs arising out of an intended or
completed pooling transaction except to the extent such
liability is shown to be the result of the negligence or
willful misconduct of Transporter.
(c) Pooling party agrees to defend, indemnify, and hold harmless
Transporter, its officers, agents, employees and contractors
("Indemnitee") against any liability, suit, action, claim,
damage, or expenses whatsoever, including costs and
attorneys' fees ("Liabilities and Expenses") occurring in
connection with or relating in any way to pooling party's
use or reliance on Transporter's pooling services, whether
such Liabilities and Expenses are suffered by Indemnitee as
a direct or indirect result of pooling party's use of or
reliance on Transporter's pooling services or other
omissions or tortious acts by pooling party, except to the
extent such Liabilities and Expenses are shown to be the
result of the negligence or willful misconduct of
(d) Neither Transporter nor pooling party will be liable to the
other or to any other party for any consequential, punitive,
special, or other damages arising in any way from any error,
omission, or inaccuracy of Transporter's pooling services.