Mogas Pipeline LLC (Fomerly Missouri Interstate Gas)
First Revised Volume No. 1
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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.