Vector Pipeline L.P.

Original Volume No. 1

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Effective Date: 06/01/2010, Docket: RP10-678-000, Status: Effective

Fifth Revised Sheet No. 131 Fifth Revised Sheet No. 131

Superseding: Fourth Revised Sheet No. 131

 

the quantities delivered on any Day, or during any hour thereof

for Rate Schedules FT-H and MBA. Such variations shall be kept to

a minimum and shall be balanced as soon as practicable. Unless

agreed otherwise by Transporter, Shipper and Transporter shall

manage the receipts and deliveries so that the difference between

receipt volumes and delivery volumes shall be kept as near zero as

practicable, taking into account fuel reimbursement and other

deductions. Further, Transporter shall be under no obligation to

accept from Shipper, Gas in excess of the Scheduled Quantity for

the Receipt Point for that Day.

 

18. WARRANTY OF TITLE

 

1. This Article shall apply to all transportation service, unless

otherwise provided in the applicable Rate Schedule or

Transportation Agreement.

 

2. Shipper warrants 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 it shall indemnify and

hold harmless Transporter 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 it shall indemnify

and hold harmless Transporter 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.

 

3. If Shipper's title or right to deliver Gas to be transported is

questioned or involved in any action, Shipper shall not qualify

for or shall be ineligible to continue to receive service until

such time as Shipper's title or right to deliver is free from

question; provided, however, Transporter shall allow Shipper to

qualify for or continue receiving service under this Tariff if

Shipper furnishes a bond satisfactory to Transporter.

 

4. Title to the Gas received by Transporter at the Receipt Point(s)

shall not pass to Transporter, except that title to Gas delivered

for Transporter's system fuel and uses and Gas lost and

unaccounted for shall pass to Transporter upon delivery at the

Receipt Point(s).

 

5. Transporter will permit an interstate pipeline to acquire

transportation service on Transporter's system to the extent such

pipeline (i) has a FERC approved provision in its Gas tariff

allowing it to acquire capacity on another interstate pipeline,

and that such provision clearly states that the "shipper must have

title" policy is waived to permit such use, and (ii) acts as the

Shipper with respect to such acquired transportation capacity

consistent with the requirements of Transporter's Tariff.

 

19. FORCE MAJEURE

 

1. If either Transporter or Shipper fails to perform any obligations

under the Tariff due to an event of Force Majeure as defined in

Section 1.18, such failure shall be deemed not to be a breach of

such obligations and neither party shall be liable in damages or

otherwise as a result of an event of