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]