ANR Pipeline Company

Second Revised Volume No. 1

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Effective Date: 08/01/2010, Docket: RP10-940-000, Status: Effective

Second Revised Sheet No. 146 Second Revised Sheet No. 146

Superseding: First Revised Sheet No. 146

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

parties are unable to agree on the adjustment of any claimed

error, any resort by either of the parties to legal

proceedings shall be commenced within fifteen (15) Months

after the supposed cause of action is alleged to have

arisen, or shall thereafter be forever barred.

 

17.4 Refunds: Refunds due Shipper from Transporter pursuant to

either the terms and conditions of this Tariff or orders of

the Commission shall be paid by Wire Transfer to a bank

account established by Shipper if: (a) Shipper has made

twelve consecutive Monthly payments to Transporter in the

form of Wire Transfer preceding the date of the refund; (b)

the amount of the refund, including interest, exceeds

$50,000; and (c) Shipper has designated a bank account for

the receipt of refunds by Wire Transfer at least thirty (30)

Days prior to the date established for refunds by written

communication to Transporter's Controller. Refunds of an

amount less than $50,000 will be paid by Transporter to

Shipper by check.

 

18. MISCELLANEOUS

 

18.1 Responsibility for Gas. Upon receiving delivery of Gas to

be transported at the Receipt Point(s), Transporter shall be

in exclusive control and possession of such Gas and

responsible for any loss thereof, or any and all injury or

damage caused thereby, until the Equivalent Quantities of

Gas have been delivered for the account of Shipper at the

Delivery Point(s) after which Shipper shall be in exclusive

control and possession of such Gas and responsible for any

and all injury or damage caused thereby.

 

18.2 Warranty. Shipper warrants for itself, its successors, and

assigns, that it has, or will have, at the time of delivery

of the Gas for transportation hereunder good title to such

Gas and/or good right to cause the Gas to be delivered to

Transporter for Transportation. Shipper warrants for

itself, its successors, and assigns, that the Gas it

warrants hereunder shall be free and clear of all liens,

encumbrances or claims, 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