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

(Continued)

 

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

Transporter.

 

(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.