Tuscarora Gas Transmission Company

First Revised Volume No. 1

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Effective Date: 04/01/2009, Docket: RP09-08-000, Status: Effective

Original Sheet No. 117 Original Sheet No. 117

 

GENERAL TERMS AND CONDITIONS

 

14. POSSESSION OF GAS

 

14.1 Control and Possession. As between the parties to the Transportation

Service Agreement, Transporter shall be deemed to be in control and

possession of the gas deliverable thereunder from the time it is

delivered to Transporter at the Receipt Point(s) until it shall have

been made available to or on behalf of Shipper at the Delivery

Point(s). Prior to the time gas is delivered to Transporter at the

Receipt Point(s) and after such gas is made available to or on behalf

of Shipper at the Delivery Point(s), Shipper shall be deemed to be in

control and possession thereof.

 

14.2 Responsibility. Shipper shall have no responsibility with respect

to any gas deliverable under the Transportation Service Agreement after

it is delivered to Transporter at the Receipt Point(s) until it is made

available to or on behalf of Shipper at the Delivery Point(s), or on

account of anything which may be done, happen or arise with respect to

such gas after it is delivered to Transporter at the Receipt Point(s)

and before it is made available to or on behalf of Shipper at the

Delivery Point(s), and Transporter shall have no responsibility with

respect to such gas before it is delivered to Transporter at the

Receipt Point(s) or after it is made available to or on behalf of

Shipper at the Delivery Point(s) or on account of anything which may be

done, happen or arise with respect to such gas before it is delivered

to Transporter at the Receipt Point(s) and after it is made available

to or on behalf of Shipper at the Delivery Point(s).

 

14.3 Right to Commingle. From the time gas is delivered to Transporter

at the Receipt Point(s), Transporter shall have the unqualified right

to commingle such gas with other gas in Transporter's natural gas

transmission system.

 

15. WARRANTY OF TITLE TO GAS

 

Shipper warrants that it will at the time of delivery of the gas to

Transporter have good and merchantable title to all of the gas subject only to

security interests, liens and encumbrances that would not prevent Shipper from

tendering the gas for transportation hereunder or receiving redelivery of the

gas from Transporter. Title to the gas received by Transporter for Shipper's

account hereunder shall remain with Shipper during transportation of the gas

by Transporter. Shipper agrees to indemnify and save Transporter harmless

from all suits, actions, debts, accounts, damages, costs, losses and expenses

arising out of adverse claims of any and all persons to the gas other than

claims arising solely through acts of Transporter. Shipper agrees to

indemnify Transporter and save it harmless from all suits, actions, debts,

accounts, damages, costs, losses and expenses arising from or out of claims of

any or all persons to the said gas or to royalties, taxes, license fees or

charges thereon resulting from breach of this warranty.