Texas Gas Transmission, LLC
Third Revised Volume No. 1
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Effective Date: 09/15/2008, Docket: RP08-392-000, Status: Effective
Original Sheet No. 1901 Original Sheet No. 1901 GENERAL TERMS AND CONDITIONS Section 7 (Cont'd) (d) Texas Gas shall not be required to perform service under any transportation Rate Schedule, subject to the obtaining of any necessary approvals, for or on behalf of any Customer that is in arrears with Texas Gas of any charge, rate, or fee authorized by the Commission under any Rate Schedule on file with the Commission; provided, however, the provisions of Section 15.9 of the General Terms and Conditions of this tariff shall govern with regard to any bona fide dispute or non-payment. (e) Texas Gas shall not be required to perform service under any Transportation Rate Schedule, subject to the obtaining of any necessary approvals, on behalf of any Customer that fails to comply with any and all of the terms of the applicable Rate Schedule and with the terms of Customer's Transportation Service Agreement with Texas Gas. (f) Customer agrees that, with respect to transportation transactions under which a Customer is acting as agent for or on behalf of a third party, any priority to capacity arising from that transaction will be deemed to have been acquired by the real party in interest involved in such transaction, i.e., that party actually receiving the gas either for consumption or for its system supply. (g) As between Texas Gas and Customer, Texas Gas shall have no obligation whatsoever to odorize the natural gas delivered hereunder, nor to maintain any odorant levels in such natural gas. Notwithstanding anything to the contrary in the Agreement, Customer agrees to indemnify and hold harmless Texas Gas, its officers, agents, employees, and contractors against any liability, loss, or damage, including costs and attorneys' fees, whether or not such liability, loss, or damage arises out of any demand, claim, action, cause of action, and/or suit brought by Customer or by any person, association, or entity, public, or private, that is not a party to this Agreement, where such liability, loss, or damage is suffered by Texas Gas, its officers, agents, employees and/or contractors as a direct or indirect result of any actual or alleged failure by Customer, Texas Gas, and/or any other person, association, or entity, public or private, to odorize the natural gas or product after delivery hereunder or to maintain any odorant levels in such natural gas or product.