Panther Interstate Pipeline Energy, L.L.C.

Original Volume No. 1

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Effective Date: 02/01/2004, Docket: CP03-338-001, Status: Effective

Original Sheet No. 49 Original Sheet No. 49 : Effective

 

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 applicable for such

delivery of gas, and that Shipper will indemnify Transporter and save it

harmless from all taxes or assessments that may be levied and assessed

upon such delivery and which 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 deliver

is free from question; provided, however, Transporter shall allow

Shipper to qualify for or continue receiving service under this Tariff

if Shipper furnishes a bond satisfactory to Transporter. Title to the

gas received by Transporter at the receipt point(s) shall not pass to

Transporter, except for title to gas delivered for Retainage, which

shall pass to Transporter upon delivery at the receipt point(s).

 

14. PRESSURES AND AVAILABILITY OF DELIVERY POINTS

 

Unless otherwise agreed between Transporter and Shipper, Shipper shall

deliver gas to Transporter at the pressure required from time to time to

enable the gas to enter Transporter's facilities at the receipt

point(s). Unless otherwise agreed between Transporter and Shipper,

Transporter shall deliver gas to Shipper at Transporter's line pressure

existing at the delivery point(s), subject to Transporter's protecting

its operational integrity and to minimum pressure requirements, if any,

specified in the transportation service agreement.

 

15. EXCUSE OF PERFORMANCE AND REMEDIES

 

15.1 Relief From Liability: Neither Transporter nor Shipper shall be

liable in damages to the other for any act, omission or

circumstances occasioned by or in consequence of any acts of God,

strikes, lockouts or other industrial disturbances, acts of the

public enemy, wars, blockades, military action, insurrections,

riots, epidemics, landslides, lightning, earthquakes, fires,

storms or storm warnings, crevasses, floods, washouts, arrests and

restraints of rulers and peoples, explosions, breakage or accident

to machinery or lines of pipe, the necessity for testing,

rehabilitating or making repairs or alterations to machinery or

lines of pipe, freezing of wells or lines of pipe, inability of

either Shipper or Transporter to obtain necessary materials,

supplies, equipment or permits, labor required to comply with any

obligations or conditions of a transportation service agreement,

inability to obtain access to rights-of-way, the binding order of