Mogas Pipeline LLC (Fomerly Missouri Interstate Gas)

First Revised Volume No. 1

 Contents / Previous / Next / Main Tariff Index

 

 

Effective Date: 06/01/2008, Docket: CP06-407-002, Status: Effective

Original Sheet No. 71 Original Sheet No. 71 : Pending

 

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

16. Responsibility for gas

 

As between Shipper and Transporter, Shipper shall be responsible

for its gas until such has been delivered to Transporter at the

Receipt Point. Transporter shall be responsible for the gas while

it is in its system between the Receipt Point and the Delivery

Point. After such gas has been delivered to or for the account

of Shipper by Transporter at the Delivery Point specified in the

service agreement, Shipper shall again be responsible for the

gas. The party which shall be responsible for such gas shall bear

liability for all injury or damage caused thereby.

Notwithstanding anything to the contrary stated in these General

Terms and Conditions, Shipper shall indemnify Transporter for all

injury, damage, loss or liability of Transporter caused by

Shipper's delivery of off-specification gas contrary to Section

3.

 

17. Warranty of title to gas

 

Shipper warrants, for itself, its successors and assigns, that it

will have at the time of delivery of gas for transportation good

title or the right to acquire title to the gas it delivers.

Shipper warrants that the gas it delivers shall be free and clear

of all liens, encumbrances, and claims whatsoever; that it will

indemnify Transporter and save it harmless from all suits,

actions, debts, accounts, damages, costs, losses and expenses

arising from any adverse claims of any person to the gas or to

royalties, taxes, license fees, or charges which are applicable

to such delivery of gas; and that it will indemnify Transporter

and save it harmless from all taxes or assessments which may be

levied and assessed upon such delivery and which are by law

payable by the party making delivery.

 

18. Nonwaiver

 

No waiver by Transporter or Shipper of any one or more defaults

in the performance of any provision hereunder shall operate or be

construed as a waiver of any future default or defaults, whether

of a like or a different character.

 

19. Shipper's failure to comply with terms

 

Transporter shall not be required to perform service under any

transportation rate schedule included in this Volume No. 1 if

Shipper fails to comply with the terms of its transportation

service agreement and the General Terms and Conditions.