Trunkline Gas Company, LLC
Third Revised Volume No. 1
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Effective Date: 08/01/2003, Docket: RP03-534-000, Status: Effective
Original Sheet No. 284 Original Sheet No. 284 : Effective
GENERAL TERMS AND CONDITIONS
(Continued)
17. RESPONSIBILITY, WARRANTY AND ASSIGNMENTS
17.1 Trunkline shall be deemed to be in control and possession of
the Gas transported hereunder only after the Gas is received at
the Point of Receipt, and before it is delivered at the Point of
Delivery. Shipper shall be deemed to be in control and possession
at all other times. The party deemed to be in control and
possession of the Gas shall be responsible for and shall indemnify
the other party with respect to any loss of Gas, injuries to
persons, including death, or destruction of property resulting
from escape or explosion of Gas occurring while the Gas is in its
possession.
17.2 Each of Trunkline and Shipper warrants that it shall, at the time
of delivery of Gas to the other, have good title to or good right
to deliver all such Gas, and that it shall deliver, or cause to be
delivered, such Gas free from all liens, encumbrances and claims
whatsoever. Except as provided in Section 16.5 herein, both
Trunkline and Shipper shall, as to the Gas it delivers or causes
to be delivered to the other, indemnify and save the other
harmless from all suits, actions, debts, accounts, damages, costs,
losses and expenses arising from or out of any adverse claims of
any and all persons to said Gas and to royalties, taxes, fees or
charges thereon.
17.3 As to all matters within its actual or imputed control, Shipper
represents and warrants that service hereunder and all
arrangements incident thereto conform to applicable regulations,
and agrees to indemnify and hold Trunkline harmless against any
and all actions, suits or proceedings, concerning such service or
arrangements, which are brought before or instituted by any
authority having jurisdiction, except to the extent such action,
suit or proceeding is the result of Trunkline's negligence, bad
faith or willful misconduct.
17.4 The Service Agreement shall be binding upon and inure to the
benefit of any successor to either Trunkline or Shipper by merger,
consolidation or acquisition. Both Trunkline and Shipper may
assign or pledge the Service Agreement and all rights and
obligations thereunder under the provisions of any mortgage, deed
of trust, indenture or other instrument which it has executed or
may execute hereafter as security for indebtedness or as an
assignment of receivables; otherwise, neither Trunkline nor
Shipper shall assign the Service Agreement or any of its rights
hereunder unless it shall first have obtained the written consent
of the other. Such consent shall not be unreasonably withheld.