Southern Natural Gas Company
Seventh Revised Volume No. 1
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Effective Date: 09/01/2003, Docket: RP00-476-004, Status: Effective
First Revised Sheet No. 120 First Revised Sheet No. 120 : Effective
Superseding: Original Sheet No. 120
GENERAL TERMS AND CONDITIONS
(Continued)
8. LIABILITY OF SHIPPER AND COMPANY
8.1 Control of Gas:
For the purpose of determining the liability of COMPANY and SHIPPER,
respectively, SHIPPER shall be deemed to be in exclusive control and
possession of the gas to be transported until such gas has been actually
received by COMPANY at the Receipt Point, while the gas is in SHIPPER'S
custody (or the custody of another on its behalf) for processing in accordance
with Section 19 hereof, and after the gas has been delivered to the account
of SHIPPER hereunder by COMPANY at the Delivery Point. COMPANY
shall be deemed to be in exclusive control and possession of the gas
transported hereunder only while it is in COMPANY'S facilities. Title to that
share of gas deemed to be used as compressor fuel, company-use, vented, lost
or unaccounted-for gas hereunder shall pass to COMPANY at the Receipt
Point.
8.2 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 or damages (except consequential) arising
therefrom.
8.3 Force Majeure:
In the event of either COMPANY or SHIPPER being rendered unable, wholly
or in part, by force majeure to carry out its obligations under the
Service Agreement, other than to make payments due thereunder, it is
agreed that, on such party giving notice and full particulars of such
force majeure in writing, on SoNet Premier, by telephone (followed by
written confirmation) or by facsimile machine to the other party as soon
as possible after the occurrence of the cause relied on, the obligations
of the party giving such notice, so far as they are affected by such
force majeure, shall be suspended during the continuance of any inability
so caused but for no longer period; and such cause shall as far as
possible be remedied with all reasonable dispatch. Upon