Midwestern Gas Transmission Company
Third Revised Volume No. 1
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Effective Date: 09/01/2005, Docket: RP05-393-001, Status: Effective
Substitute Third Revised Sheet No. 242 Substitute Third Revised Sheet No. 242 : Effective
Superseding: Second Revised Sheet No. 242
GENERAL TERMS AND CONDITIONS
9. TITLE TO GAS
9.1 General
This Section shall apply to all transportation service unless otherwise
provided in the applicable Rate Schedule or service agreement.
9.2 Warranty of Title to Gas
Shipper warrants for itself, its successors and assigns, that it will have, at
the time of delivery of gas hereunder, good title and/or the good right to
deliver the gas, that the gas it delivers hereunder shall be free and clear of
all liens, encumbrances and claims whatsoever, that Shipper will indemnify
Company and save Company 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 that are applicable for such delivery of gas and that Shipper
will indemnify Company and save Company harmless from all taxes or assessments
that may be levied and assessed upon such delivery and that are by law payable
by and the obligation of the party making such delivery. If Shipper's title or
right to deliver gas to be transported is questioned or involved in any action,
Shipper shall not qualify for or shall be ineligible to continue to receive
service until such time as Shipper's title or right to delivery is free from
question; provided, however, Company shall allow Shipper to qualify for or
continue receiving service under this Tariff if Shipper furnishes a bond
satisfactory to Company. Title to the gas received by Company at the Receipt
Point(s) shall not pass to Company, except as provided in Company's Rate
Schedules LMS-MA and LMS-PA, and title to gas delivered for Company's system
fuel and uses and gas lost and unaccounted for shall pass to Company upon
delivery at the Receipt Point(s). To the extent Company sells gas to a Shipper
or Balancing Party pursuant to the cash out provisions in Rate Schedules LMS-MA
or LMS-PA, Company shall indemnify and hold Shipper or Balancing Party 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 royalties, taxes, license fees, or charges thereon.
9.3 Title Transfer Tracking
9.3.1 General
Title transfer tracking improves quantity certainty. [1.1.10]
Users of title transfer tracking services shall bear the cost of that
service if Company determines that the incremental cost to provide such
service measurably exceeds the administrative costs to invoice for such
service. [1.1.11/v1.01]