Trans-Union Interstate Pipeline, L.P.
Original Volume No. 1
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Effective Date: 02/07/2006, Docket: RP06-217-001, Status: Effective
First Revised Sheet No. 123 First Revised Sheet No. 123 : Effective
Superseding: Original Sheet No. 123
charges or penalties if such charges or penalties would
not have been incurred but for Shipper's compliance
with an OFO. A Shipper shall not incur any penalties
if the OFO was necessitated exclusively by
Transporter's negligence or willful misconduct.
14.6 Liability of Transporter: Transporter shall not be
liable for any costs incurred by any Shipper in
complying with an OFO. Transporter shall not be
responsible for any damages that result from any
interruption in Shipper's service that is a result of a
Shipper's failure to comply promptly and fully with an
OFO, and the non-complying shipper shall indemnify
Transporter against any claims of responsibility.
14.7 Unilateral Action: In the event that (1) Shipper(s)
does not respond to an OFO, or (2) the actions taken
thereunder are insufficient to correct the system
problem for which the OFO was issued, or (3) there is
insufficient time to carry out the procedures with
respect to OFOs, Transporter may periodically take
unilateral action, including the curtailment of firm
service, to maintain the operational integrity of
Transporter's system (or any portion thereof). For
purposes of this section, the operational integrity of
Transporter's system shall encompass the integrity of
the physical system and the preservation of physical
assets and their performance, the overall operating
performance of the entire physical system as an entity
(or any portion thereof), and the maintenance (on a
reliable and operationally sound basis) of total system
deliverability and the quality of gas delivered.
14.8 Reporting: Within thirty (30) days after an OFO
terminates, Transporter shall prepare a report
concerning the factors causing the OFO to be imposed
and, subsequently, terminated. The report will be
supplied to affected shippers upon request.
15. WARRANTY OF TITLE
15.1 This Article shall apply to all transportation service,
unless otherwise provided in the applicable Rate
Schedule or Transportation Agreement.
15.2 Shipper and Transporter each warrant for itself, its
successors and assigns, that it will have, at the time
of delivery of Gas hereunder, good title or the right
to acquire title to the Gas it delivers, that the Gas
it delivers hereunder shall be free and clear of all
liens, encumbrances and claims whatsoever, that each
will indemnify the other and save it 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/or to
royalties, taxes, license fees, or charges thereon
which are applicable for such delivery of Gas and that
each will indemnify the other and save it harmless from
all taxes or assessments which may be levied and
assessed upon such delivery and which are by law
payable by and the obligation of the party making such
delivery.