Northern Natural Gas Company
Fifth Revised Volume No. 1
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Effective Date: 11/22/2003, Docket: RP03-398-000, Status: Effective
First Revised Sheet No. 214 First Revised Sheet No. 214 : Effective
Superseding: Original Sheet No. 214
GENERAL TERMS AND CONDITIONS
6. POSSESSION OF GAS AND RESPONSIBILITY
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Northern shall be deemed to be in possession of the gas delivered
hereunder by Shipper under a Throughput Service Agreement only from
the time that it is received by Northern for transportation hereunder
at the Point(s) of Receipt until it is delivered to Shipper at the
Point(s) of Delivery. Unless Northern is selling gas to
Shipper/Purchaser, Shipper shall be deemed to be in possession of
such gas prior to such receipt by Northern and after such delivery
by Northern. As between Northern and Purchaser under a Deferred
Delivery Agreement, Northern shall be in control and possession of
the gas from the time Purchaser delivers gas to Northern at a receipt
point, and prior to the time the same shall have been redelivered to
Purchaser. During such times as the gas is deemed to be in the
control and possession of the respective party as set forth herein,
said party shall be responsible for risk of the loss of the gas and
shall hold harmless the other party of and from any and all damages,
liabilities, expenses (including attorneys' fees and court costs),
and/or injuries, including death of persons, arising during said
party's possession. The foregoing provisions of this paragraph shall
not relieve either party hereto from responsibility for acts of
negligence of such party, its agents or employees.
7. LIABILITY OF PARTIES
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Northern and the Shipper/Purchaser shall each assume full
responsibility and liability for the maintenance and operation of
their respective properties.
Northern shall not be liable to the Shipper/Purchaser for its failure
to receive and or deliver gas, and the Shipper/Purchaser shall not be
liable to Northern for its failure to deliver or receive gas other
than to make payments, when such