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.