Mississippi Canyon Gas Pipeline, LLC

First Revised Volume No. 1

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Effective Date: 12/20/1998, Docket: CP96-159-006, Status: Effective

Original Sheet No.84 Original Sheet No.84 : Effective

 

GENERAL TERMS AND CONDITIONS (cont'd)

 

 

 

7. CONTROL/FORCE MAJEURE

 

7.1 Control of Gas:

 

For the purpose of determining the liability of

Transporter and Shipper, respectively, Shipper shall be

deemed to be in exclusive control and possession of the

gas to be transported (i) until such gas has been

actually received by Transporter at the Receipt Point,

and (ii) after the gas has been delivered to or for the

account of Shipper hereunder by Transporter at the

Delivery Point. Transporter shall be deemed to be in

exclusive control and possession of the gas transported

hereunder after it is delivered to Transporter at the

Receipt Point and until it is redelivered to Shipper at

the Delivery Point. Title to that share of gas deemed

as lost-and-unaccounted-for gas hereunder shall pass to

Transporter at the Receipt Point or Shipper at the

Delivery Point.

 

7.2 Responsibility and Liability:

 

The party deemed to be in control and possession of the

gas to be transported shall be responsible for and

shall indemnify the other party with respect to any

losses, claims, liabilities, damages and expenses,

including court costs and reasonable attorney's fees

(except punitive, incidental, consequential or special

damages), arising therefrom except to the extent such

losses, claims, liabilities and expenses arise from the

other party's sole, joint, or concurrent negligence, or

gross negligence, or intentional or willful misconduct.

 

7.3 Force Majeure:

 

(a) In the event of either Transporter or Shipper

being rendered unable, wholly or in part, by Force

Majeure to carry out its obligations under the

Transportation Service Agreement, other than the

obligation to make payments due thereunder

(including the payment of any applicable

reservation charges) it is agreed that, on such

party giving notice and full particulars of such

Force Majeure in writing or by telephone (followed

by written