Portland Natural Gas Transmission System
Second Revised Volume No. 1
Contents / Previous / Next / Main Tariff Index
Effective Date: 09/01/2006, Docket: RP06-449-000, Status: Effective
Original Sheet No. 375 Original Sheet No. 375 : Effective
GENERAL TERMS AND CONDITIONS (Continued)
18. WARRANTY OF TITLE AND POSSESSION OF GAS
18.1 Warranty.
(a) Title to all Gas tendered to Transporter at the Receipt Point(s)
for transportation shall be held by Shipper free and clear of liens,
encumbrances and adverse claims of any kind. Transporter hereby expressly
disclaims that it has or will have title to any Gas to be transported to or on
behalf of Shipper.
(b) If Shipper's title or right to deliver Gas to be transported is
questioned or involved in any action, Shipper shall not qualify for nor be
eligible 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.
18.2 Indemnification as to Warranted Gas. Shipper shall indemnify
Transporter and save it harmless from all suits, actions, debts, accounts,
damages, costs, losses, and expenses arising from or out of claims of any or
all persons to the Gas warranted in Section 18.1, and claims of any or all
persons to royalties, taxes, license fees or charges thereon resulting from
breach of said warranty.
18.3 Control and Possession. Transporter shall be deemed to be in
control and possession of the Gas deliverable pursuant to a Gas Transportation
Contract, from the time it is received by Transporter at the Receipt Point(s)
until it shall have been made available to or for the account of Shipper at
the Delivery Point(s). Prior to the time Gas is received by Transporter at
the Receipt Point(s) and after such Gas is made available to or for the
account of Shipper at the Delivery Point(s), Shipper shall be deemed to be in
control and possession thereof.
18.4 Responsibility.
(a) Shipper shall have no responsibility:
(1) with respect to any Gas after it is received by Transporter
at the Receipt Point(s) until it is made available to or on behalf of Shipper
at the Delivery Point(s); or