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.